1 CGHC010249862026 2026:CGHC:41528 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1589 of 2026 1. Gokul Kaushik S/o Makhan Kaushik Aged About 32 Years R/o Village Khairbanakala, Police Station Kawardha, District- Kabirdham (C.G.) 2. Govind Kaushik S/o Makhan Kaushik Aged About 33 Years R/o Village Khairbanakala, Police Station Kawardha, District- Kabirdham (C.G.) 3. Ramanuj Kaushik S/o Malikram Kaushik Aged About 38 Years R/o Village Gochhiya Police Station Kawardha, District- Kabirdham (C.G.) 4. Sagar Sahu S/o Ramprasad Sahu Aged About 27 Years R/o Village Khairbanakala, Police Station Kawardha, District- Kabirdham (C.G.) --- Applicant versus 1. State Of Chhattisgarh Through Station House Officer, Police Station Kawardha, District- Kabirdham (C.G.) --- Non-applicant WITH CRA No. 1602 of 2026 1. Alok Tiwari S/o Ishwari Tiwari Aged About 21 Years R/o Village Khairbanakala, P.S. Kawardha, Distt. Kabirdham, Chhattisgarh. ---Applicant Versus 1. State Of Chhattisgarh Through Station House Officer, P.S. Kawardha, Distt. Kabirdham, Chhattisgarh --- Non-applicant For Applicants : Mr. Chandrikaditya Pandey, Advocate For Non-applicant : Dr. Saurabh Kumar Pande, Dy.A.G. Digitally signed by AJINKYA PANSARE Date: 2026.09.24 14:20:43 +0530 2 Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 24.09.2026 1) The appellants have preferred these Criminal Appeals under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short “the Act of 1989”) for setting aside of order dated 25.06.2026 passed by the Special Judge SC/ST Act (Atrocities), Kawardha, District Kabirdham (C.G.) whereby the regular bail applications filed by the appellants under Section 483 of BNSS in connection with Crime No. 251/2026 registered at Police Station Kawardha, District : Kabirdham (C.G.) for commission of offence punishable under Sections 126(2), 296, 115(2), 351(3) and 3(5) of BNS and Sections 3(1)(r) and 3(1)(s) of the SC/ST(P.A.) Act, 1989 has been rejected. 2) As per the prosecution story, the complainant, Ramkumar Markam, lodged an FIR alleging that on 22.06.2026, while he was returning home from Kawardha in a four-wheeler along with his friends, the present appellants stopped the vehicle at about 6:00 pm and hurled caste-based abuses at him. It was also alleged in the FIR that the appellants abused the complainant in a public place with an intent to humiliate him in full public view. On the basis of the complaint, the police registered an offence as stated above and arrested the present appellants on 23.06.2026 3 3) Learned counsel appearing for the appellants submits that present appellants have falsely been implicated in the afore- stated offence. He further submits that charge-sheet has been filed, applicants have no criminal antecedent of similar nature, they are languishing in jail since 23.06.2026 and conclusion of trial is likely to take time, therefore instant criminal appeals may kindly be allowed. 4) On the other hand, learned counsel for the State opposes the criminal appeals and submits that there is allegation to the effect that present appellants abused the complainant, who is a member of a scheduled tribe on the name of his caste. He further submits that there is prima facie involvement of the present applicants in commission of the afore-stated offence, therefore these criminal appeals deserve to be dismissed. 5) I have heard learned counsel for the parties and perused the case diary. 6) Although the appellants have four criminal antecedents under the Gambling Act, none involve offences of a similar nature to the present charge. Furthermore, the investigation has been concluded, charge-sheet has been filed and appellants are in jail since 23.06.2026. Also, the victim appeared before this Court through video-conferencing on 12.08.2026 and has submitted that he has no objection in granting bail to the appellants. 4 7) In view of the aforesaid, without commenting on the merits of the case, I am inclined to allow these appeals. Accordingly, order dated 25.06.2026 passed by the Special Judge, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, Kawardha, District Kabirdham (C.G.), in Bail Application arising out of Crime No.251/2026 registered at Police Station Kawardha, District : Kabirdham (C.G.) is hereby set aside. 8) Accordingly, the instant appeals are allowed. The appellants be released on bail on furnishing a personal bond for a sum of Rs. 50,000/- with one surety in the like sum to the satisfaction of the Court concerned, subject to the following conditions:- (i) The appellants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The appellants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the appellants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the appellants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the 5 Bharatiya Nyaya Sanhita. (iv) The appellants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the appellants is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. However, this Court hopes and trust that the trial Court should make an earnest endeavour to conclude the trial as expeditiously as possible. Sd/- (Rakesh Mohan Pandey) JUDGE A j i n k y a