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2026 DAILYLAW 14435 (CHH)

AJAY GUPTA v. STATE OF CHHATTISGARH

CRA/7/2026 · 2026-02-08

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 2026:CGHC:7175 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 7 of 2026 Ajay Gupta, S/o Rajkumar Gupta, aged about 27 years, R/o Village Usribeda, Dhakadpara, P.S. Lohandiguda, District Bastar C.G. ... Appellant versus State of Chhattisgarh Through The Police Station Kotwali Jagdalpur/ Ajak, District Bastar C.G. ... Respondent (Cause-title is taken from CIS) For Appellant : Mr. P.K. Tulsyan, Advocate For Respondent/State : Mr. Siddhant Tiwari, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 09/02/2026 1. The victim along with her father appeared virtually and recorded ‘objection’ in granting bail to the appellant. 2. This appeal is filed under Section 14-A (2) of the SCST (Prevention of Atrocities) Act, 1989 for grant of regular bail to the appellant as he is arrested in connection with crime number 464/2025 registered at police station Kotwali Jagdalpur/AJAK, District Bastar (C.G.) for commission of offence punishable under Sections 64(1), 64(2)(m), 89 of BNS and under Sections 3 (2)(v) of SCST (Prevention of Atrocities) Act 1989. 3. As per case of the prosecution, the allegations against the Appellant is that he committed forceful sexual intercourse with SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2026.02.11 16:24:57 +0530 2 the prosecutrix, a member of the SC/ST community, repeatedly leading to her pregnancy. Based on above, offence was registered against the Appellant and he was arrested on 01.12.2025. 4. Learned Counsel appearing for the Appellant submit that the appellant is innocent and has been falsely implicated in the case. He further submits that there was unexplainable delay in lodging the FIR. There is nothing to suggest that the offence was committed by the appellant only on the ground that the prosecutrix belongs to SC/ST community. He lastly submits that the appellant is in jail since 01.12.2025 and the trial is likely to take some time to be finalized, therefore, it is prayed that the appeal may be allowed and the appellant may be released on bail. 5. On the other hand, learned Counsel appearing for the State opposes the bail application and submits that there is sufficient evidence available on record against the Appellant. Therefore, at this stage, the Appellant may not be granted bail. 6. I have heard learned Counsel appearing for the parties and perused the documents available on record. 7. Considering the circumstances of the case, evidence collected by the prosecution against the Appellant and the fact that the trial has not been commenced till date, without commenting on merits of the case, this Court is not inclined to release the appellant on bail. 8. Accordingly, the appeal is dismissed. Sd/- (Sanjay Kumar Jaiswal) Judge Shubham