1 CGHC010251032026 2026:CGHC:39888 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1575 of 2026 1 - Tribhuwan Patel S/o Manmohan Patel Aged About 26 Years R/o Sadakpara, Parsaahi, Distt. Janjgir Champa, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through P.S. Ajaak, Korba, Distt. Korba, Chhattisgarh. ... Respondent(s) For Appellant : Shri V.R. Tiwari, Senior Advocate alongwith Shri Vikas Kumar Pandey, Advocate. For State : Ms. Laxmin Kashyap, PL Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 11.09.2026 1. The appellant has preferred this Criminal Appeal under Section 14-A(2) of the SC/ST (Prevention of Atrocities) Act, 1989 (for short, the ‘Atrocities Act’) for setting aside the order dated 19.06.2026 passed by the learned Special Judge (Atrocities Act), Korba, District Korba (C.G.), and for grant of anticipatory bail, as he apprehends his arrest in connection with Crime No.355/2025, registered at Police Station NIRMALA RAO 2 Kotwali, Korba, District Korba (C.G.), for the offences punishable under Sections 296, 115(2) and 3(5) of the Bharatiya Nyaya Sanhita (BNS) and Sections 3(1)(घ) and 3(2)(v) of the SC/ST Act, 1989. 2. The prosecution case, in brief, is that an FIR was lodged by one Udai Patel, a member of the Other Backward Class, against Chakradhar Mohanti and his associates, alleging that they had assaulted and abused them in the name of their caste. On the basis of the said complaint, the police registered offences punishable under Sections 296, 115(2) and 3(5) of the BNS against Chakradhar Mohanti and his associates. In the said FIR, the name of the appellant is not mentioned. A written complaint was also made by Udai Patel and various other persons against Chakradhar Mohanti and his friends, alleging assault and use of filthy language in the name of caste. Subsequently, the police included the name of the present appellant in the list of accused persons and also inserted Sections 3(1)(घ) and 3(2)(v)(a) of the Atrocities Act. The application moved by the appellant before the Court below was dismissed vide order dated 19.06.2026. 3. Learned Senior Advocate appearing for the appellant would contend that an FIR was lodged on 19.05.2025 pertaining to an incident which had taken place on 17.05.2025, but the name of the appellant was not mentioned in the said FIR and, therefore, the appellant is not a named accused therein. He would further argue that the provisions of the Atrocities Act were not invoked in the said FIR, i.e., FIR No.355/2025. It is also argued that since the FIR was lodged by Udai Patel, who is a member of the Other Backward Class, there was no occasion for the police authorities to register an FIR for the offences punishable under 3 the Atrocities Act. He would contend that this aspect has not been considered by the learned Court below. He would pray for allowing this appeal. 4. Learned counsel appearing for the State opposes the criminal appeal and the submissions made by learned counsel for the appellant. She would submit that the appellant herein and his associates had abused members of the reserved category in the name of their caste and that a written complaint was lodged, pursuant to which Sections 3(1)(घ) and 3(2)(v)(a) of the Atrocities Act were subsequently inserted. She would submit that this appeal deserves to be dismissed. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Perusal of FIR No.355/2025 would show that it was registered on the instance of Udai Patel, who admittedly is a member of the Other Backward Class. Though there is an allegation that Chakradhar Mohanti and his associates abused land oustees by using derogatory language referring to their caste, when the FIR was not lodged by a member of the Scheduled Caste or Scheduled Tribe, there was no occasion for the investigating authority or the police officer to register an offence punishable under the Atrocities Act. A written complaint, which forms part of the case-diary, is undated and has been signed by various persons belonging to different communities. 7. Taking into consideration the facts and circumstances of the case and the nature and gravity of the allegations levelled against the appellant, the order dated 19.06.2026 passed by the learned Special Judge (Atrocities Act), District Korba (C.G.), in Bail Application No.311/2026, 4 rejecting the application filed by the appellant under Section 482 of the BNSS, is set aside. 8. Accordingly, the instant appeal is allowed and it is directed that in the event of arrest of the appellant – Tribhuwan Patel, on executing a personal bond with one local surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) He shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) He shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) The Applicant and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) He shall not involve himself in any offence of similar nature in future. Sd/- Sd/- (Rakesh Mohan Pandey) Judge Nimmi