1 CGHC010275442026 2026:CGHC:41575 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1906 of 2026 Roshan Sahu S/o Shri Girdhar Sahu Aged About 25 Years R/o Karhibhadar Police Station Balod Tehsil And District Balod Chhattisgarh ... Appellant versus State Of Chhattisgarh Through Station House Officer, Police Station - Balod, District Balod Chhattisgarh ... Respondent For Appellant : Shri Somdutt Sahu appears on behalf of Shri Avinash Chand Sahu, Advocate. For Respondent/State : Shri Jitendra Shrivastava, G.A. (HON’BLE SHRI JUSTICE RAKESH MOHAN PANDEY) Order on Board 24/09/2026 1. The instant criminal appeal filed by the appellant under Section 14-A(ii) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short, the Act, 1989) is for grant of regular bail to him, who has been arrested in connection with Crime No.107/2026 registered at Police Station – Balod, District Balod (C.G.), for the offence punishable under Sections 296, 115(2), 87, 70(1) of the Bhartiya Nyay Samhita, 2023 (for short, the BNS) and Section 3(2)(v) of the Act, 1989. 2. As per the prosecution case, on 22.02.2026, while the prosecutrix, aged about 41 years, left her bucket near tap, was returning home, Digitally signed by ALLENA ANJANI KUMAR Date: 2026.09.25 10:45:57 +0530 2 another co-accused approached her from back side and gagged, her hands were tied and called two other accused persons. The present appellant along with two other co-accused persons took the prosecutrix on a motorcycle and thereafter she was taken to a field near Godra Pond where all the three accused persons sexually assaulted her one by one. A meeting of village was convened and accused persons were directed to compensate the prosecutrix. Subsequently, F.I.R. was lodged on 14.03.2026. Resultantly, the police registered the offences, as stated above. 3. By order dated 10.07.2026 passed by the learned Special Judge in Crime No. 107/2026, the bail application filed by the appellant has been rejected against which the appellant has filed this appeal. 4. Learned counsel for the appellant would argue that the appellant is innocent person and he has falsely been implicated in the case; there was delay of 22 days in lodging the report; medical report does not support the allegations made against the appellant; charge-sheet has already been filed and the appellant is in jail since 08.07.2026 and thus, learned counsel for the appellant would pray that the instant appeal may be allowed and enlarge the appellant on bail. 5. On the other hand, learned counsel for the State would oppose the bail. He would argue that the present is a case of gang rape punishable under Section 70(1) of BNS. He would contend that the present appellant along with other co-accused persons sexually exploited the victim one by one. It is also contended that the victim is medically examined wherein injuries were found over parts of her body. He would submit that the President of Gram Vikas Samiti, who had convened village meeting, in his statement recorded under Section 180 3 of BNSS, has categorically stated that the victim was sexually exploited by the appellant and two other co-accused persons one by one and accused persons were advised to settle the matter. He would submit that prima facie there is sufficient material against the present appellant, therefore, this appeal deserves to be dismissed. 6. Victim herself appeared through video conferencing and raised serious objection with regard to grant of bail to the appellant. 7. I have heard learned counsel appearing for the parties and perused the case diary. 8. Having considered the fact that the victim was sexually exploited one by one by the appellant and other co-accused persons; medical report corroborates allegations made against the present appellant/accused; President of the Gram Vikas Samiti as well as 8 – 10 villagers have supported the case of the prosecution; further the victim belongs to the member of Scheduled Tribe and looking to the seriousness of the allegations made against the appellant and gravity of offence, I am not inclined to grant bail to the appellant. 9. Accordingly, the instant Criminal Appeal is liable to be and is hereby dismissed being devoid of merits. Sd/- (Rakesh Mohan Pandey) JUDGE Anjani