1 CGHC010261802026 2026:CGHC:40659 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1676 of 2026 Smt. Farha Shbba W/o Salim Rja Aged About 32 Years R/o Village Devnagar, P.S. Surajpur, Tehsil Ramanujnagar, District Surajpur, Chhattisgarh. ... Appellant versus State Of Chhattisgarh Through Station House Officer P.S. Gandhinagar, District – Surguja, Chhattisgarh. ... Respondent(s) For Appellant : Ms. Chetna Sharma and Mr. Rajnish Singh Baghel, Advocates. For Respondent/State : Mr. Kanwaljeet Singh Saini, Dy. Govt. Advocate. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 17.09.2026 1. Earlier on 17.08.2026, the victim had appeared through DLSA and raised no objection in releasing the applicant on bail. 2. The appellant has preferred this Criminal Appeal under Section 14-A(2) of the SC/ST (Prevention of Atrocities) Act, 1989 for setting aside of order dated 01.07.2026 passed by the Special Judge (Atrocities) Sarguja, Ambikapur, District – Surguja (C.G.) and for grant of anticipatory bail, as she apprehends her arrest in connection with Crime No. 372/2026, registered at Police Station- Gandhinagar, District – Surguja (C.G.) for the offence punishable under Section 69 of BNS and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act, 1989. 3. The case of the prosecution, in brief, is that, the co-accused Ejaz RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Ahmad on the pretext of marriage maintained the physical relationship many times with the victim since the year 2022, and as a result the victim became pregnant, and the present applicant who is the sister of the co-accused was alleged to have suggested the victim for abortion in order to marry with her brother. Thereafter, the FIR was lodged against the applicant and the co-accused Ejaz Ahmad, and as the victim was from the Scheduled Tribe community, Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act was also added. Hence, this application. 4. Learned counsel for the appellant submits that as the allegation of sexual assault has been levelled against brother of the appellant, therefore, Section 69 of the BNS is not made out and subsequently therefore, Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act, would also not attract. It is further contended that as there is no prima facie case against the appellant and victim has also given her consent on 17.08.2026 for grant of anticipatory bail to the appellant, this appeal may be allowed. 5. On the other hand, learned counsel appearing for the State opposed the submission advanced by learned counsel for the appellant and submits that there is a serious allegation of sexual assault against the brother of the appellant. It is alleged in the FIR that the present appellant has forcefully suggested/advised the victim to go for abortion and subsequently, it was done on 20.08.2025. Thus, this appeal deserves to be dismissed. 6. I have heard learned counsel for the parties and perused the case 3 diary and documents taken on record. 7. Having considered the facts and circumstances of the case, it transpires that as the allegation of sexual assault has been levelled against the brother of the appellant, therefore, Section 69 of the BNS is not made out and subsequently therefore, Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act, would also not attract. Further victim appeared through DLSA before this Court on 17.08.2026 and gave her consent for releasing the appellant on bail. Thus, I am inclined to allow this appeal. The order dated 01.07.2026 passed by the Special Judge (Atrocities) Sarguja, Ambikapur, District – Surguja (C.G.) in Bail Application No. 488/2026 is hereby set-aside. 8. Accordingly, the instant appeal is allowed and it is directed that in the event of arrest of the appellant – Smt. Farha Shbba, on executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the arresting Officer, she shall be released on bail on the following conditions:- (a) Appellant 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) Appellant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) Appellant shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial. (d) Appellant and the surety shall submit a copy of her adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. 4 (e) Appellant shall not involve themselves in any offence of similar nature in future. Sd/- (Rakesh Mohan Pandey) JUDGE Rajshekhar