1 CGHC010123692026 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 955 of 2026 Ishwar Choubey S/o Late Sangram Choubey, Aged About 36 Years R/o Vill. Nawanagar (Nawapara) Police Station Darima, Dist. Sarguja (C.G.)presently Residing At Mathpara Laxmipur, P.S. Manipur, District Sarguja (C.G.) ... Appellant Versus State Of Chhattisgarh Through Station House Officer, Police Station Manipur, District Sarguja (C.G.) ... Non-Appellant For Appellant : Shri Arun Kumar Shukla, Advocate. For Non-applicant : Shri Vivek Sharma, P.L. (HON’BLE SHRI JUSTICE RADHAKISHAN AGRAWAL) Order Sheet 17/07/2026 1. The instant criminal appeal filed by the appellant under Section 14-A(2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short, the Act, 1989) is for grant of regular bail to him, who has been arrested in connection with Crime No.228/2025 registered at Police Station – Manipur, Ambikapur, Sarguja (C.G.), for the offence punishable under Sections 109(1), 309(6) of the Bhartiya Nyay Samhita, 2023 (for short, the BNS) and Sections 3(2)(v-a) of the Act, 1989. 2. As per the prosecution’s case, on 19.08.2025 at 14:30 hours at village Mathpara, the present appellant entered the house of the victim and Digitally signed by ALLENA ANJANI KUMAR Date: 2026.07.17 15:53:20 +0530 2 assaulted on her head, hand and legs while committing loot of Rs.11,000/-. Based upon the report lodged by the victim, offence under the above sections has been registered against the present appellant. 3. By order dated 27.11.2025 passed by the learned Special Judge in Crime No. 228/2025, the bail application filed by the appellant has been rejected against which the appellant has filed this appeal. 4. Learned counsel for the appellant submits that the appellant/accused has not committed any offence and has been falsely implicated in the case. He further submits that although there is allegation against the appellant that he took away an amount of Rs.2,000/- from the victim, but the said amount has not been seized from him. He lastly submits that the appellant is in jail since 21.08.2025 and the trial is likely to take some considerable time to be finalised; 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 for the State opposes the bail application and submits that the injured/victim had herself lodged the report before the Police Station stating therein that the she was assaulted by the appellant by axe on her head, hand and vital parts of the body, on account of which, she was injured and was admitted in the Hospital for treatment. He further submits that the appellant was forcibly demanding Rs.2,000/- from the victim/injured and when refused to give him Rs.2,000/-, after some time, the appellant has assaulted her by axe and further submits that the axe has already been seized from the possession of the accused/appellant and the offence under the aforesaid sections has been registered against him, therefore, the Appellant may not be enlarged on bail. 6. With the aid of D.L.S.A. Ambikapur, Dist. Surguja, the sister of the 3 victim is present and informed that the victim has passed away while raising objection to the grant bail to the appellant. 7. I have heard learned counsel appearing for the parties and perused the case diary. 8. Taking into consideration the facts and circumstances of the case and considering the alleged nature and gravity of the offence, this Court does not find fit it appropriate to extend the benefit of bail to the appellant/accused. 9. Accordingly, the Criminal Appeal No.955/2026 is liable to be and is hereby dismissed being devoid of merits. Sd/- (Radhakishan Agrawal) JUDGE Anjani