Extracted from the PDF above. The PDF is authoritative.
1
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1007 of 2026 Aashish Mishra S/o Late Haribhajan Singh Aged About 39 Years R/o Pasan, Sahu Mohalla, Police Station- Pasan, Distt.- Korba (C.G.) ... Appellant versus State Of Chhattisgarh Through Sho, Police Station- Pasan, Distt.- Korba (C.G.)
... Respondent For Appellant : Shri Vaibhav A. Goverdhan, Advocate. For Respondent/State : Ms. Laxmin Kashyap, P.L.
(HON’BLE SHRI JUSTICE RADHAKISHAN AGRAWAL) Order on Board 04/05/2026
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. 10/2026 registered at Police Station – Pasan, Dist. Korba (C.G.), for the offence punishable under Sections 64 of the B.N.S. 2023 and Sections 3(1)(b) (i) of the Act, 1989. 2. As per the prosecution’s case, on 05.01.2026, the prosecutrix was fetching firewood from her new house and at that time, the appellant came to her house and subjected her to sexual intercourse. Based upon the report by the prosecutrix, offence under the above sections has been registered against the present appellant under Crime No. Digitally signed by ALLENA ANJANI KUMAR Date: 2026.05.04 17:54:54 +0530
2 10/2026. 3. By order dated 20.03.2026 passed by the learned Special Judge in Crime No. 10/2026, the bail application filed by the appellant has been rejected against which the appellant has filed this appeal. 4. Learned counsel for the applicant submits that the victim/complainant is 38 years old and was in love affair with the appellant for the last 3 years and in this regard several copies of photographs of the victim/complainant and the appellant/accused were filed wherein both were seen in close position. He further submits that the appellant is innocent and was falsely implicated in the present case. He further submits that there was no supporting medical evidence on record to show that the prosecutrix was examined medically. He lastly submits that the appellant is in jail since 06.01.2026, and the trial is likely to take considerable time to be finalised; therefore, it is prayed that the appeal may be allowed and the appellant may be released on bail. 5.
On the other hand, learned counsel for the State opposes the bail application and submits that the copies of photogrphs itself are sufficient to prove the fact that the appellant has committed the aforesaid offence, therefore, the Appellant may not be enlarged on bail. 6. On 28.04.2026, the victim along with her husband appeared through V.C. from the concerned DLSA and has raised objection to grant of bail to the appellant. 7. I have heard learned counsel appearing for the parties and perused the case diary. 8. Taking into consideration the entire facts and circumstances of the case and considering the photographs submitted by the appellant and
3 the fact that the appellant is in custody since 06.01.2026 and the trial is likely to take considerable time, without going into merits of the matter, this Court finds that this is a fit case, in which, the appellant should be granted bail. Accordingly, the present appeal is allowed. 9. It is directed that, in the event of the appellant executing a personal bond in the sum of Rs. 20,000/- with one surety to the satisfaction of the concerned trial Court, he shall be released on bail on 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 appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Sd/-
(Radhakishan Agrawal)
JUDGE Anjani