1 CGHC010286112026 2026:CGHC:41600 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1880 of 2026 1 - Saurabh Singh Rajput S/o Shyam Kishore Singh, Aged About 25 Years R/o Village Laskarganj Post Mau, Police Station Tikari, District Gaya (Bihar) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through - Station House Officer, Police Station Mahila Thana, Ajak Thana, District Raigarh (C.G.) ... Respondent(s) For Appellant : Mr. Ashish Gupta, Advocate. For State : Ms. Priya Sharma, P.L. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 24.09.2026 1. The appellant has preferred this Criminal Appeal 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 11.06.2026 passed by the Special Judge SC/ST Act (Atrocities), Raigarh, District Raigarh (C.G.) whereby the regular bail application filed by the appellant under Section 483 of BNSS in NIRMALA RAO 2 connection with Crime No.(Bail application) No.47/2026 registered at Police Station Mahila Thana, District Raigarh (C.G.) for commission of offence punishable under Sections 74, 75, 79, 351(3) & 238 of BNS and Section 3((2)(v) of the SC/ST Act, 1989 has been rejected. 2. As per the prosecution story, an FIR was lodged by the victim herself on 14.5.2026, alleging that she had met the appellant through social media. On 5.1.2026, the appellant called the victim, and thereafter, she accompanied him. It is alleged that the appellant tried to outrage her modesty. On 30.4.2026, the victim again accompanied the appellant, and thereafter, they went to Mathura, where they stayed from 30.4.2026 to 4.5.2026. It is further alleged that, while they were staying in a hotel, the appellant tried to outrage her modesty. It is also stated in the FIR that the appellant uploaded some objectionable messages and photographs using the mobile phone of the victim. On the basis of the said complaint, the police registered the offence as stated above. 3. Learned counsel appearing for the appellant would argue that, in the present case, the charge-sheet has already been filed; the appellant has been in jail since 15.5.2026; the allegations made against him are baseless; the victim, who is aged about 19 years, stayed in a hotel with the appellant from 30.4.2026 to 4.5.2026; the alleged mobile phone has not been seized by the police; and the appellant has no criminal antecedents. Therefore, he would pray that the appeal 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. She would submit that the appellant herein tried to outrage the modesty of the victim and uploaded some objectionable messages and 3 photographs using the mobile phone of the victim. She would submit that the appeal deserves to be dismissed. 5. I have heard learned counsel for the parties and perused the case diary. 6. Having considered the fact that the police have not seized any mobile phone belonging to the victim from the possession of the appellant herein, the charge-sheet has already been filed, and the appellant has been in jail since 15.5.2026, and further considering that the victim stayed with the appellant from 30.4.2026 to 4.5.2026 in Mathura and thereafter lodged the FIR, and that there are no criminal antecedents against the appellant, I am inclined to allow this appeal. Accordingly, the order dated 11.6.2026 passed by the Special Judge, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, Raigarh, District Raigarh (C.G.), in Bail Application No. 47/2026, is hereby set aside. 7. Accordingly, the instant appeal is allowed. The appellant 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 appellant shall file an undertaking to the effect that he 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 appellant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against his under 4 Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the appellant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the appellant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The appellant 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 appellant 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 him in accordance with law. Sd/- (Rakesh Mohan Pandey) Judge Nimmi