1 CGHC010258372026 2026:CGHC:42187 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1672 of 2026 Rahul Kumar Bareth S/o Shri Bhagirathi Bareth Aged About 26 Years R/o Ward No. 04, Kashi Nagar, Sarhar, P.S. Baradwar, Dist- Sakti (C.G.) ... Appellant versus State Of Chhattisgarh Through S.H.O. P.S. Baradwar, Dist- Janjgir-Champa (C.G.) ... Respondent For Appellant : Shri Akash Agrawal, Advocate. For Respondent/State : Shri Jitendra Shrivastava, G.A. For the Objector : Shri Suraj Jaiswal appears on behalf of Shri Vaibhav A. Goverdhan, Advocate. (HON’BLE SHRI JUSTICE RAKESH MOHAN PANDEY) Order on Board 28/09/2026 1. The instant criminal appeal filed by the appellant under Section 14(A) (2) 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.213/2026 registered at Police Station – Baradwar, District Janjgir-Champa (C.G.), for the offence punishable under Section 64(2)(h), 64(2)(m) Bhartiya Nyay Samhita, 2023 (for short, the BNS) and Section 3(2)(v) of the Act, 1989. 2. As per the case of the prosecution, a written report was lodged by the victim, aged 22 years on 17.06.2026 to the effect that the appellant Digitally signed by ALLENA ANJANI KUMAR Date: 2026.09.29 10:38:27 +0530 2 herein sexually exploited on pretext of marriage between 10.07.2025 to 13.06.2026 and subsequently refused to marry her. On such report, the police arrested the appellant on 19.06.2026 and registered F.I.R. on the same day for commission of offence, as stated above. 3. By order dated 29.06.2026 passed by the learned Special Judge in Bail Application 601/2026, 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 submit that the victim is residing in the house of the appellant at present. He would contend that charge-sheet has already been filed and the appellant is in jail since 19.06.2026. He has explained the criminal antecedents of the appellant and would further submit that there is no criminal history of similar nature and the trial is likely to take some considerable time. 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 submissions of the learned counsel for the appellant. He would submit that the appellant herein sexually assaulted the victim on pretext of marriage. He would contend that the victim belongs to the member of Scheduled Tribe community and there are 7 other criminal antecedents against him, therefore, this appeal deserves to be dismissed. 6. Learned counsel for the objector/complainant would support the contention made by Shri Akash Agrawal, learned counsel for the appellant. He would submit that at present the victim is staying in the house of the appellant and they have taken a decision to get married very soon. 7. I have heard learned counsel appearing for the parties and perused the 3 case diary. 8. The appellant has explained criminal antecedents, out of 7 cases, 6 cases have already been disposed of and one case for commission of offence punishable under Section 323 and 294 of IPC is pending consideration. Further, the age of the victim on the date of incident was 22 years; charge-sheet has already been; the appellant is in jail since 19.06.2026 and there was consensual relationship between the appellant and the victim and when the appellant refused to marry her, the F.I.R. was lodged and that, as informed, the victim and the appellant are ready to perform marriage very soon and the trial is likely to take some considerable time, I am inclined to grant bail to the appellant. Accordingly, the instant appeal is allowed and the order passed by the learned Special Judge on 29.06.2026 in Bail Application No. 601/2026 is set aside. 9. It is directed that the appellant be released on bail on his furnishing a personal bond in sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) 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 dissuade him from disclosing such fact to the Court; (ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, & (iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Sd/- (Rakesh Mohan Pandey) JUDGE Anjani