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.02.04 11:36:21 +0530 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 177 of 2026 Javed Ahmad S/o Shri Khurshid Ahmad Aged About 25 Years R/o - Raikera, Ghaghipara, P.S. - Sitapur, Dist. - Surguja (Wrongly Mentioned In Impugned Order Kandora, P.S. -

Kunkuri, Dist. - Jashpur) (C.G.)

... Appellant versus State Of Chhattisgarh Through Police Station - Sitapur, District -

Surguja (C.G.)

... Respondent For Appellant : Mr. Jai Prakash Shukla, 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 31.12.2025 passed by the Special Judge (Atrocities Act), Ambikapur, District Surguja (C.G.) whereby the bail application filed 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(3), 190, 331(7), 152, 61 BNS & Section 3 (2)(V-a) of the SC/ST 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 applicant 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 his 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 there is no allegation of assault against the appellant as he was out of station on the alleged date of incident, the appellant was not named in the FIR and he has been arrested solely on the basis of memorandum statement. He further submits that the appellant is in jail since 02.12.2025 and there is no likelihood of the trial to be concluded at the earliest as it has not yet 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 applicant 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