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2026:CGHC:6619

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

CRA No. 52 of 2026

1 - Rajkumar Mishra S/o Ramkailash Mishra, Aged About 43 Years R/o

Ward No. 38, Tendudipa, Raigarh Tahsil And District- Raigarh (C.G.)

2 - Abhishek Mishra S/o Rajkumar Mishra Aged About 22 Years R/o

Ward No. 38, Tendudipa, Raigarh Tahsil And District- Raigarh (C.G.)

3 - Shani Dev Mishra S/o Om Prakash Mishra, Aged About 23 Years R/o

House No. 76, Near Sonu Muda, Lake, Dewarpara, Tendudipa, Raigarh

Tahsil And District- Raigarh (C.G.)

... Appellants

versus

State Of Chhattisgarh Through Station House Officer, Police Station

Jaijaipur, Revenue District- Sakti (C.G.)

... Respondent(s)

For Appellants : Ms. Pragati Pandey on behalf of Mr. Hari

Agrawal, Advocate

For Respondent(s) : Mr. Jitendra Shrivastava, G.A.

Hon’ble Shri Justice Arvind Kumar Verma

Order on Board

05/02/2026

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 09.12.2025 passed by the learned

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Special Judge SC & ST [P.A. Act], District- Janjgir-Champa (C.G.)

in Special Criminal Case under the Atrocities Act No. 52/2025

whereby appellant’s application filed under Section 483 of BNSS

for grant of bail is rejected.

2. The complainant appeared before this Court on 02.02.2026 and

raised an objection to the present bail application.

3. Appellant is in jail since 09.12.2025 in connection with Crime No.

101/2025 registered at Police Station- Jaijaipur, Revenue District-

Sakti (C.G.) for the offence punishable under Sections 115(2),

126, 296, 351(2), 3(2) of BNS and Sections 3(1)(r) and 3(1)(s) of

SC/ST Act, 1989.

4. Case of prosecution, in brief, is that on 08.05.2025 complainant

namely Chandrakant Ratnakar along with his family members had

went to the house of his elder father Shankar Sonwani at

Kanshigarh to attend the marriage ceremony in a rented vehicle

Swift Dzire bearing registration no. CG 13 AY 9829. On

13.05.2025, after attending the marriage ceremony, he along with

his family members, came back to his home at village-Chhal and

on 14.05.2025, while he was going to village Kanshigarh along

with his family members, he was intercepted near Jaijaipur bazar

by Applicants No. 1- Rajkumar and his other companions, and

they tried to snatch the key of his vehicle and assaulted

complainant Chandrakant Ratnakar hurling caste remark. It was

also alleged that co-accused Aaqib Khan and Qureshi Khan

pressed his neck. Thereafter, the complainant somehow managed

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to come to Kanshigarh and as soon as he reached there, there

were as many as 10 people in two vehicle Swift Dzire bearing

registration No. CG 10 EN 1105 and Baleno bearing registration

no. CG 13 AW 1624 who assaulted him by legs, fists and belt

hurling filthy abuses and extended life threat. On the basis of

written report to this effect, an FIR being Crime No. 101/2025 for

offence punishable under aforesaid sections was registered

against the appellants at P.S. - Jaijaipur, Revenue District- Sakri

(C.G.).

5. Learned counsel for the appellants submits that the appellants are

innocent and they have falsely implicated in the case. Even if

taking the prosecution to be true, the incident involved was of

road/street fight and the allegations/offences under the Special

Act have been made solely in order to falsely implicate the

Appellant. No role has been attributed to appellants no. 2 and 3,

which clearly shows that the entire prosecution story is false and

concocted.

6. Learned State Counsel objected the prayer stating that in the

judgment rendered by the Trial Court all incriminating

circumstances are against the accused/applicant which connects

him with the crime and chain of circumstances are fully linked and

completed with each other.

7. Heard counsel for respective parties.

8. As per the prosecution case, the alleged incident occurred on

14.05.2025 near Jaijaipur Market, wherein it is alleged that the

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accused persons restrained the complainant, abused him with

caste-related