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Digitally

signed by

BHOLA B NH ATO HLA

NATH KHATAI

KHATAID 20a 2te 6:

.02.04

11:36:21

+0530

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

CRA No. 231 of 2026

Khalid Raza S/o Matlub Aalam Aged About 24 Years Resident Of

Adarshnagar, Sitapur, Police Station- Sitapur, District- Surguja

(C.G.)

... Appellant

versus

State Of Chhattisgarh Through- Station House Officer, Police

Station- Sitapur, District- Surguja (C.G.)

... Respondent

For Appellant : Mr. Shubham Tripathi, Advocate

For Respondent : Mr. Aman Tamboli, P.L.

Hon'ble Shri Justice Sanjay Kumar Jaiswal

Order On Board

03.02.2026

1. Two victims appeared in person before this Court today

and raised objection in granting bail to the appellant.

2. This appeal under Section 14-A(2) of the Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities)

Act, 1989 (in short “the SC/ST Act”) has been preferred

by the appellant against the order dated 15.01.2026

passed by the Special Judge (Atrocities), Ambikapur,

District Surguja (C.G.) whereby the bail application filed

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by the appellant under Section 483 of BNSS in

connection with Crime No.462/2025 registered at Police

Station Sitapur, district Surguja (C.G.) for commission of

offence punishable under Sections 296, 351(2), 115(2),

191(2), 191(3), 190, 331(7), 152, 61 BNS, Section 3 (2)(V-

a) of the SC/ST Act and Sections 25, 27 of the Arms Act

has been rejected.

3. As per the prosecution case, on 01.12.2025 at about

8:30 p.m., when complainant Nihal Khalkho was taking

Naveen Kumar Paikra, a resident of his locality, to his

house, the appellant along with co-accused persons,

riding motorcycle, car and Scorpio, armed with hockey

sticks, rods & sword, allegedly came to take revenge for

the quarrel that took place on 31.11.2025. They raised

slogans like “Pakistan Zindabad” and “Nara-e-Takbir,”

hurled caste-based abuses, entered the house and

assaulted him with sticks and rods. They also assaulted

other injured persons with sticks and rods. On report

being lodged in this regard, offence under the aforesaid

sections has been registered against the appellant and

co-accused persons.

4. Learned Counsel for Appellant submits that the

appellant is innocent and has been falsely implicated in

the case. He submits that no seizure has been made

from the appellant, he is a student and is preparing for

B.Ed. examination. He submits that while the appellant

was coming from tuition class, he was arrested by the

Police whereas the appellant was not present at the place

of incident. He further submits that the appellant is in

jail since 04.12.2025 and there is no likelihood of the

trial to be concluded at the earliest as it has not yet

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commenced, therefore, considering all these facts, the

appellant may be released on bail.

5. On the other hand, learned counsel appearing for the

State opposes the said prayer and submits that the

appellant, along with other co-accused persons, has

committed an organized crime. They were raising anti-

national slogans and six persons suffered injuries in the

said incident. Therefore, considering the nature of

offence, the appellant does not deserve to be released on

bail.

6. I have heard learned Counsel appearing for the parties

and perused the case diary.

7. Taking into consideration the entire facts and

circumstances of the case, particularly the nature and

gravity of offence and the material collected and available

on record against the appellant and also considering the

fact that charges have not yet been framed and the trial

has not commenced, this Court is of the opinion that it is

not a fit case where the appellant can be released on

bail.

8. Accordingly, the present appeal is dismissed

9. Office is directed to send a certified copy of this order to

the trial Court concerned for necessary information.

Sd/-

(Sanjay Kumar Jaiswal

JUDGE

Khatai