1 CGHC010330982026 2026:CGHC:41351 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 2148 of 2026 1 - Kamal Sharma S/o Chandrashekhar Sharma Aged About 29 Years R/o Chandrashekhar Ward No. 20, Mohalla Gastiwada Narenoul District Mahendragarh (Haryana), At Present R/o Gorakh, Police Station Kotara Road, Raigarh Tahsil And District Raigarh Chhattisgarh (Description Of Applicant Mentioned As Per Second Page Of Order Sheet) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Station House Officer Police Station Kotara Road, Raigarh, District : Raigarh, Chhattisgarh --- Respondent(s) For Appellant : Mr. Jitendra Shukla, Advocate For Respondent/State : Mr. Kanwaljeet Singh Saini, Dy. G.A. Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 23/09/2026 1. The appellant has preferred this Criminal Appeal under Section 14- A(2) of the SC/ST (Prevention of Atrocities) Act, 1989 for setting aside the order dated 10.08.2026 passed by the Learned Special Judge (Atrocities Act), Raigarh, District Raigarh (C.G.) and for grant of anticipatory bail, as he apprehends his arrest in connection with Crime NIRMALA RAO 2 No. 189/2026, registered at Police Station- Kotara Road, Raigarh, District Raigarh (C.G.) for the offence punishable under Sections 69 of BNS and Section 3((2)(v) of the SC/ST Act, 1989. 2. The prosecution case, in brief, is that an FIR was lodged by the victim on 17.6.2026, alleging that the appellant maintained physical relationship with her on the pretext of marriage between 25.12.2023 and 25.4.2026 and subsequently refused to marry her. On the basis of the said complaint, the police registered an FIR against the appellant for the offences as stated above. 3. Learned counsel appearing for the appellant would submit that there was an affair between the appellant and the victim, who was aged about 30 years, from 25.12.2023 to 25.4.2026. He would contend that there is no allegation in the FIR to the effect that the appellant maintained physical relationship with the victim knowing fully well her social status. Therefore, the offence under Section 3(2)(v) of the Act of 1989 is not made out. He would further contend that there is no prima facie case against the appellant. It is also contended that the application moved by the appellant before the learned Court below was rejected. He prays that the appeal may be allowed. 4. On the other hand, learned counsel for the State opposes the criminal appeal and the submissions made by learned counsel for the appellant. He would submit that the present appellant sexually assaulted the victim, a member of the Scheduled Tribe community, on the pretext of marriage for a period of 2½ years and subsequently refused to marry her. Therefore, he submits that the appeal deserves to be rejected. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. The victim appeared through video conferencing and raised serious objection to grant of bail to the appellant. 7. Perusal of the case diary and the contents of the FIR would show that the appellant and the victim maintained a relationship from 25.12.2023 to 25.4.2026. On the date of registration of the FIR, the victim was aged about 30 years. There was a consensual relationship between the parties. The appellant did not maintain such relationship knowing that the victim belonged to a particular category. 8. Having considered the fact that the victim was a major lady aged about 30 years and she had maintained a relationship with the appellant for a period of about three years, and further considering that there is no allegation that the offence was committed by the appellant knowing the fact that the victim belonged to a particular category, I am inclined to allow this appeal. Accordingly, order dated 10.08.2026 passed by the Special Judge, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, Raigarh, District Raigarh (C.G.), in Bail Application No.764/2026 is hereby set aside. 9. Accordingly, the instant appeal is allowed and it is directed that in the event of arrest of the appellant – Kamal Sharma, 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 4 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 her 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/- Rakesh Mohan Pandey JUDGE Nimmi