1 2025:CGHC:9916 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 223 of 2025 Dhiraj Verma S/o Bhagat Ram Verma Aged About 40 Years R/o Luk, Police Station- Parpodi, Distt. Bemetara (C.G.) ...Appellant versus State Of Chhattisgarh Through- Police Station- Parpondi, Distt. Bemetara (C.G.). --- Respondent For Appellant : Mr. Shrestha Gupta, Advocate. For Respondent-State : Mr. Keshav Gupta, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 27/02/2025 1. This appeal under Section 14-A(2) of the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989, (for short, 'Act of 1989') is filed against impugned rejection order dated 09.01.2025 (Annexure A-1), whereby appellant’s application filed under Section 483 of BNSS for grant of bail is rejected. 2. Appellant is in jail since 11.11.2024 in connection with Crime No.130/2024 registered at Police Station- Parpondi, Distt. Bemetara, (C.G.), for the offence punishable under Sections 332(B), 351(2), 115(2), 64 B.N.S. 2023 and Section 3(1) XII of the Act of 989. 3. Case of prosecution, in brief, is that the victim lodged written complaint before the Police Station -Parpodi that on 05.11.2024, when she went to 2 answer the nature call, appellant/accused followed her and insisted for making physical relation and on refusal/declining the same, appellant slapped her on left cheek, as a result, her left ear got injured. In the scuffle, the second finger of the left hand of the victim also got injured. The accused also threatened the victim that if she does not make sexual relationship with him, he will kill her. On hearing the scream of victim, her husband arrived at the place of incident and, thereafter, scuffle took place between accused and husband of victim, resulting, both the wrists of the husband got injured. Based upon report, FIR was registered and appellant has been arrested in the aforesaid crime/offence. 4. Learned counsel for the appellant submits that appellant has been falsely implicated in this case, he has not committed any offence as alleged against him. There was affair between the appellant and victim, they used to meet occasionally. In order to shield herself, victim lodge false report against the appellant. There is no any other previous criminal antecedent against the applicant. Applicant is in jail since 11.11.2024, charge-sheet has been filed, conclusion of trial may take time, hence, appellant may be released on bail. 5. Learned State Counsel opposing submission of counsel for the appellant and would submit there is specific allegation against the appellant of committing the aforesaid offence/crime, hence, he is not entitled for grant of bail. 6. Heard counsel for respective parties. 7. Victim appeared before this Court by virtual mode from the concerned DLSA and raised objection in granting bail to the appellant. 8. Considering entire facts and circumstances of case, nature of allegations, submission of counsel for the parties, particularly the submission that 3 there was affair between the appellant and victim and in order to shield herself, victim lodge false report against the appellant, there is no any other previous criminal antecedent against the appellant, further considering that there is no evidence/material to show that appellant make an attempt to temper with the witnesses, detention period of appellant, I am inclined to allow this appeal. 9. Accordingly, appeal is allowed. Impugned rejection order (Annexure A-1) is set aside. It is directed that appellant shall be released on regular bail upon his furnishing a bail bond in sum of Rs.10,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that:- a) Appellant shall appear before trial Court regularly on each and every date, unless exempted from appearance. b) Appellant shall not, in any manner, tamper with the prosecution witnesses. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J/-