1 CGHC010328102026 2026:CGHC:38353 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7997 of 2026 Atul Tamrakar S/o Birju Tamrakar Aged About 23 Years R/o Raidas, Ward No. 18, Mission Chowk, Kedarpur, P.S. And Tahsil- Ambikapur, District- Sarguja (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through S.H.O. Police Station- Ambikapur, District- Sarguja (Ambikapur ) (C.G.) --- Non-Applicant(s) For Applicant(s) : Mr. Satyendra Srivas, Advocate. For Non-Applicant(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31.08.2026 1. The applicant has filed this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, who has been arrested in connection with Crime No. 394/2026 registered at Police Station Ambikapur, District Surguja (Ambikapur), Chhattisgarh for the offences punishable under Sections 296, 351(3), 115(2), 191(2), 126(2), 74, 75(2), 78, 238 and 49 of the Bharatiya Nyaya Sanhita, 2023. 2. As per the case of prosecution, on 10.06.2026 at about 10:30 p.m., the victim was going along with her brother on a scooter towards Gandhi Chowk for taking medicines. When they reached near KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Mission Hospital, the present applicant/accused Atul Tamrakar allegedly parked his Bullet motorcycle and made a phone call to co- accused Amar Kushwaha on speaker mode and asked him as to what should be done, to which Amar Kushwaha allegedly replied that whatever was to be done may be done and he would take care of the matter. Thereafter, the applicant allegedly caught hold of the hand of the victim and pulled her from the scooter and asked her where she was going and offered to drop her. Despite objection by the brother of the victim, the applicant allegedly touched and pressed her private parts and attempted to kiss her cheek. When the victim and her brother somehow proceeded from the spot, the applicant allegedly came along with his associates namely Godra, Kanha Vishwakarma, K.D., Bhondu and 5-6 other persons, who allegedly abused the victim in filthy language and threatened to kill her and assaulted her and her brother by means of fists, bamboo sticks, belt and stones, resulting in injuries on various parts of their bodies. On the basis of the written report lodged by the victim, the aforesaid offence was registered. After completion of investigation, the charge-sheet was filed before the competent Court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. The applicant has neither abused nor harassed the victim. It is further submitted that the injury sustained by the brother of the victim is simple in nature. He further submits that co-accused Rohit Kedia has already been granted bail on 27.06.2026 by the learned Sessions Court. It is also submitted that co-accused Amar 3 Kushwaha, who has been made accused under Section 49 of the B.N.S., has been released from the police station and the other co- accused persons, being juveniles, have also been released from the police station. It is further submitted that the applicant is in custody since 17.06.2026 and the charge-sheet has already been filed before the competent Court. So far as the criminal antecedents of the applicant are concerned, the applicant has a total of five criminal antecedents, out of which one case has already been disposed of and four cases are still pending. The said criminal antecedents have been duly disclosed and explained in the bail application as such the conclusion of the trial is likely to take some time, therefore, he prays for grant of bail. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the allegations against the applicant are serious in nature. It is submitted that the applicant is alleged to have sexually assaulted the victim in a public place and thereafter, along with other associates, assaulted and threatened the victim and her brother. It is further submitted that the victim sustained injuries and in her statement recorded under Section 183 of the BNSS, she has supported the prosecution case. She further submits that the applicant has criminal antecedents and although the same have been duly explained in the bail application, looking to the nature of the allegations and the antecedents of the applicant, he is not entitled to the benefit of bail. 5. I have heard learned counsel for the parties and perused the case diary. 4 6. Considering the facts and circumstances of the case, allegation against the applicant that he intercepted the victim in a public place, caught hold of her hand, subjected her to unwanted physical contact with an allegation of sexually assaulting her and thereafter, along with other persons, assaulted and threatened the victim and her brother and the fact that the victim sustained simple injuries, the statement of the victim recorded under Section 183 of the BNSS wherein she has supported the prosecution case and further considering the criminal antecedents of the applicant, which have been duly disclosed and explained in the bail application, this Court is not inclined to grant bail to the applicant at this stage. 7. Accordingly, the bail application of the applicant namely Atul Tamrakar involved in Crime No. 394/2026 registered at Police Station Ambikapur, District Surguja (Ambikapur), Chhattisgarh for the offences punishable under Sections 296, 351(3), 115(2), 191(2), 126(2), 74, 75(2), 78, 238 and 49 of the Bharatiya Nyaya Sanhita, 2023., is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) CHIEF JUSTICE Kunal