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2026 DAILYLAW 9174 (CHH)

MOHAN NISHAD v. THE STATE OF CHHATTISGARH

CRA/917/2026 · 2026-04-22

Shri Radhakishan Agrawal

body2026

Judgment text

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1 2026:CGHC:18745 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 917 of 2026 Mohan Nishad S/o Mantri Nishad, Aged About 52 Years R/o Doundilohara, P.S. And Tehsil Doundilohara, Distt. Balod (C.G.) ... Appellant versus The State Of Chhattisgarh Through Police Station Doundilohara District Balod, Chhattisgarh. ... Respondent For Appellant : Mr. Roshan Singh Lamba, Advocate For Respondent/State : Mr. Dharmesh Shrivastava, Dy. A.G. Hon’ble Shri Justice Radhakishan Agrawal Order on Board 23/04/2026 1. This appeal under Section 14-A(2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is filed against impugned order dated 27.03.2026 in Crime No. 35/2026 passed by learned Special Judge, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, Balod (C.G.) whereby appellants’ application filed under Section 483 of BNSS for grant of bail is rejected. 2. In compliance of order dated 09.04.2026, the complainant/victim has appeared though video conferencing from the concerned DLSA, and on being asked, he raised objection for grant of bail to the appellant. 3. Appellant is in jail since 18.03.2026 in connection with Crime No.35/2026 registered at Police Station - Doundilohara, District- Balod PRAKASH KUMAR Digitally signed by PRAKASH KUMAR Date: 2026.04.23 17:19:54 +0530 2 (C.G.) for the offence punishable under Sections 308(2), 351(2), 3(5) of the BNS, 2023 and Section 3(1)(r) of SC/ST Act. 4. The case of the prosecution, in brief, is that the complainant, Maniram Taram, who is posted as an Assistant Engineer in Chhattisgarh State Power Distribution Company Limited (CGSPDCL), lodged a written report stating that on 17.10.2025 at about 08:27 a.m., one Khilawan Chandrakar, approached him, introduced himself as a journalist of a television channel, and threatened him. It is alleged that about five months earlier, a child aged around 11 years had died due to electrocution and that if he published the said incident, the complainant’s service would be suspended. He further demanded a sum of Rs. 2,00,000/- from the complainant, stating that the amount was to be paid to him and the present appellant. When the complainant refused to pay the said amount, the accused allegedly abused him by referring to his caste, threatened him, and also published false allegations against him on social media, thereby tarnishing his reputation. On the basis of the aforesaid report, the police registered a case against Khilawan Chandrakar and the present appellant. 5. Learned counsel for the appellant submits that appellant is innocent and has been falsely implicated in the case. He further submits that the appellant is a journalist of a news portal and a news with regard to death of a 11 years old boy due to electrocution was circulated by the appellant, therefore, the complainant lodged the report against the appellant. He further submits that there were previous enmity between the complainant and the appellant and that the FIR has been lodged after the four months of the alleged incident. He further submits that 3 appellant is in jail since 18.03.2026 and trial is likely to take some more time, therefore, the appellant may be granted bail. 6. Learned State Counsel objected the prayer stating that in the order rendered by the Trial Court all incriminating circumstances are against the accused/appellant which connects him with the crime and chain of circumstances are fully linked and completed with each other. 7. Heard counsel for respective parties and perused the documents available on record. 8. Upon considering the entire facts and circumstances of the case, and the fact that the appellant is in jail since 18.03.2026, and trial is likely to take some time, this Court is inclined to grant bail to the appellant and allow the present appeal. 9. Accordingly, the appeal is allowed. Impugned order dated 27.03.2026 is set aside. It is directed that appellant Mohan Nishad shall be released on regular bail upon his furnishing a bail bond in sum of Rs. 10,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that:- a) Appellant shall appear before trial court on each and every date given to him by the said Court till disposal of the trial. (b) Appellant shall not, in any manner, tamper with the prosecution witnesses. Sd/- (Radhakishan Agrawal) Judge Prakash