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2026 DAILYLAW 15793 (CHH)

AMJAD KHAN v. STATE OF CHHATTISGARH

CRA/2641/2025 · 2026-01-21

Shri Arvind Kumar Verma

body2026

Judgment text

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1 2026:CGHC:3946 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 2641 of 2025 Amjad Khan S/o Rashid Khan, Aged About 23 Years R/o Shitla Talab Ward No.13 Gundardehi, Police Station Gundardehi, District Balod (C.G.) ... Appellant versus State Of Chhattisgarh By Police Station- Gundardehi, Police Station- Gundardehi District Balod (C.G.) --- Respondents For Appellant : Mr. Shivam Agrawal, Advocate. For Respondent-State : Mr. Rishi Raj Pithawa, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 22/01/2026 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 13.10.2025 (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 03.10.2025 in connection with Crime No.284/2025 registered at Police Station -Gundardehi, District Balod (C.G.), for the offence punishable under Sections 296, 351(3), 115(2), 3(5), 333 of BNS and Section 3(2)(v) of the Act of 1989. 2 3. As per the prosecution story in the night of 03.10.2025 around 11.30 PM accused persons, Saifan Khan, Samshuddin Khan and present appellant, under the influence of alcohol, were uttering abusive/obscene words in front of the house of the complainant and when he tried to stop them, they abused him, threatened to kill him & assaulted him as a result of which he sustained injury in his right shoulder. Based upon report, FIR was registered against the accused persons including the appellant. 4. Learned counsel for appellant submits that appellant has been falsely implicated in this case, he has not committed any offence as alleged against him. There is no evidence/material available to connect the appellant in the alleged crime/offence. Co-accused persons (Sekh Samshuddin, Sohel Khan & Mohammad Saifan) have been granted bail by this Court in CRA No.2411/2025 & CRA No.2276/2025. There is no any other previous criminal antecedent against the appellant, he is in jail since 03.10.2025, conclusion of investigation/trial may take time, hence, appellant may be released on bail. 5. Learned State Counsel opposing submission of counsel for the appellant submits that there is specific allegation against the appellant of committing the alleged crime/offence, hence, he is not entitled for grant of bail. 6. Heard counsel for respective parties. 7. On 09.01.2026, victim is present before this Court through virtual mode from the concerned District Legal Services Authority and she raised objection in granting bail to appellant. 8. Considering entire facts and circumstances of case, nature of allegation, submissions of counsel for the parties, the fact that co-accused persons (Sekh Samshuddin, Sohel Khan & Mohammad Saifan) have been 3 granted bail by this Court, further considering that there is no evidence/material to show that appellant make an attempt to temper with the witnesses, he is not having any previous criminal antecedents, 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/-