1 2026:CGHC:7235 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 396 of 2026 1 - Samaydas Avinashi S/o Late Shri Goukaran Das Avinashi Aged About 76 Years R/o Village Dongakohraud Tahsil Pamgarh, District- Janjgir- Champa (C.G.) ... Appellant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Pamgarh. District- Janjgir - Champa (C.G.) 2 - Kanti Kaushik S/o Late Ramratan Kaushik Aged About 56 Years R/o Village Dongakohraud Police Station Pamgarh, District- Janjgir- Champa (C.G.) 3 - Dukalu Bhardwaj S/o Late Bacchan Bhardwaj Aged About 43 Years R/o Village Dongakohraud Police Station Pamgarh, District- Janjgir- Champa (C.G.) 4 - Rathram Patel S/o Ramavatar Aged About 44 Years R/o Village Dongakohraud Police Station Pamgarh, District- Janjgir- Champa (C.G.) 5 - Rupesh Kaushik S/o Kanti Kumar Kaushik Aged About 35 Years R/o Village Dongakohraud Police Station Pamgarh, District- Janjgir- Champa (C.G.) 6 - Khagendra Kumar Kaushik S/o Kanti Kumar Kaushik Aged About 29 Years R/o Village Dongakohraud Police Station Pamgarh, District- Janjgir- Champa (C.G.) ... Respondents HEERA LAL SAHU Digitally signed by HEERA LAL SAHU Date: 2026.02.10 18:05:13 +0530 2 For Appellant : Mr. Sudeep Verma, Advocate. For Respondent/State : Ms. Binu Sharma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 10/02/2026 1. The present appeal under Section 14(A)(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, has been preferred against the impugned order dated 30.12.2025 passed by learned Special Judge (SC & ST) Prevention of Atrocities Act, District Janjgir-Champa C.G. in Bail Application No.59/2025, whereby the learned Court has allowed the bail application of respondents No. 2 to 6 herein and granted bail to them. 2. The case of the appellant is that on 14.06.2025, the present appellant lodged a written complaint before the Station House Officer, Police Station Pamgarh, District Janjgir Champa wherein specific allegations of the atrocities has been made against the respondents No. 2 to 6. On that complaint FIR bearing crime No. 276/2025 has been lodged. On 30.12.2025, after completion of investigation, charge sheet has been filed under Sections 296, 191(2) of the BNS, and Section 3(2)(v)(a) of SC & ST (Prevention of Atrocities) Act. On the same day, i.e. 30.12.2025, 3 respondents No. 2 to 6 preferred a bail application under Section 483 of BNSS before the learned trial Court for grant of bail and the same has been allowed by the trial Court. 3. Learned counsel for the applicant submits that the learned trial Court granted bail to respondents No. 2 to 6 contrary to the incriminating materials available in the charge sheet and hence the impugned order dated 30.12.2025 is perverse, arbitrary and illegal. He also submits that the trial Court has failed to appreciate that the appellant, his son & daughter-in-law all are belong to scheduled caste community, for which the caste certificate was produce by the prosecution, which form part of the charge sheet despite that the learned trial Court shown unwarranted leniency towards the accused persons/respondents No. 2 to 6. As such, the impugned order is liable to be set aside. 4. On the other hand, learned counsel for the State opposes the submissions made by the learned counsel for the appellant. 5. Looking to the impugned order passed by the trial Court, it is clear that after hearing both the parties and considering the fact that the investigation in the has been completed and the charge sheet has been filed and further looking to the fact that conclusion of the trial is likely to take considerable time, looking to the facts and circumstances 4 of the case, the bail of respondents No. 2 to 6 herein has been granted by imposing some conditions by the trial Court. 6. Looking to the material available on record and the impugned order, this Court does not find any illegality or perversity in the order impugned, which does not call for any interference. 7. Accordingly, the appeal is devoid of merit and is hereby dismissed at the admission stage itself. Sd/- (Sanjay Kumar Jaiswal) Judge H.L. Sahu