KAMESHWAR @ KAMESHWAR @ CHHOTU v. STATE OF CHHATTISGARH
CRA/1400/2026 · 2026-09-08
Shri Narendra Kumar Vyas
body2026
DailyLaw.ai
[ 2026 DAILYLAW 34973 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 34973 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CGHC010217692026
2026:CGHC:39449
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1400 of 2026 Kameshwar @ Kameshwar @ Chhotu Son of Duhan Yadav, Aged About 19 Years And 6 Months, Caste- Bargah, Resident Of Laxmipur, Police Station- Bhatgaon, District- Surajpur (C.G.)
... Applicant (s) versus State of Chhattisgarh Through- Station House Officer, Police Station- Sonhat, District- Koriya (C.G.)
... Respondent(s) For Applicant : Mr. Gaurav Singhal, Advocate. For Respondent(s) : Ms. Laxmeen Kashyap, Panel Lawyer. Hon'ble Shri Justice Narendra Kumar Vyas
Order on Board 09/09
/2026
1. The present appellant has filed the present criminal appeal under Section 14-A(2) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “the Act, 1989”) for grant of regular bail to the appellant who has been arrested on 16.12.2025 in connection with Crime No. 141/2025 registered at Police Station Sonhat, District- Koriya (CG) for commission of offence under Sections 69, 351(3) read with Section 3(5) of Bhartiya Nyay Sanhita & Section 3(2)(v) of the Act, 1989.
2. The case of the prosecution is that the victim who belongs to scheduled tribe category lodged complaint on 19.11.2025 against the appellant alleging that in the month of September, 2025, the appellant allured and took her by motorcycle towards Shivghat Katgodi Jungle ARUN KUMAR DEWANGAN Digitally signed by ARUN KUMAR DEWANGAN Date: 2026.09.09 17:44:22 +0530
and committed rape with her on pretext of marriage and thereafter repeatedly made physical relationship with her. It has also been alleged that the applicant solemnized marriage with the victim at Prembag temple and took her to his house at Bhatgaon where the appellant’s parents removed her from house which has compelled her to lodge the complaint. On the basis of the complaint, the offence as aforestated has been registered against the appellant.
3.
Learned counsel for the appellant would submit that the appellant is innocent and has been falsely implicated in the case. He would further submit that the victim is aged about 23 years, there was love affair between them and the victim is consenting party, therefore, the alleged offences are not made out against the appellant. He would further submit that the doctor has given opinion that there was no external or internal injury which has also been stated by the State in their reply. He would further submit that the appellant is in jail since 16.12.2025 and the trial will take sometime for conclusion and would pray for grant of bail to the appellant.
4. On the other hand, learned State counsel vehemently objected the submission made by learned counsel for the appellant and would submit that the appellant is involved in the crime in question and there is sufficient material against him regarding commission of offence and would pray for rejection of the bail application.
5. I have learned counsel for the parties and perused the diary with utmost satisfaction.
6. Considering the age of the victim, the opinion given by doctor and also considering the fact that the applicant is in jail since 16.12.2025, this Court is of the view that the present appellant is entitled to be released
on bail.
7. Accordingly, the bail application filed under Section 14-A(2) of the Act, 1989 is allowed. It is directed that the appellant shall be released on bail on furnishing a personal bond for a sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the concerned trial court. He shall appear before the trial court on each and every date given by the said trial court, till disposal of the trial. Certified copy as per rules. Sd/- (Narendra Kumar Vyas) Judge Arun