Digitally signed by BHOLA B N H AT O H LA NATH KHATAI KHATAID

20 a 2 te 6 :

.02.04 11:36:22 +0530 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 305 of 2026

1 - Suhail Khan S/o Jabbir Khan Aged About 24 Years R/o Ghaghipara Police Station- Sitapur, District : Surguja (Ambikapur), Chhattisgarh

2 - Asif Khan S/o Roshan Khan Aged About 20 Years R/o Khutanpara, Baikunthpur, Police Station- Baikunthpur, District : Koriya (Baikunthpur), Chhattisgarh ... Appellants versus

1 - State Of Chhattisgarh Through- Police Station- Sitapur, District : Surguja (Ambikapur), Chhattisgarh ... Respondent For Appellants : Mr. Arpan Verma, 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 appellants.

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 appellants against the order dated 13.01.2026 passed by the Additional Sessions Judge, Fast Track Special Court (POCSO Act), Ambikapur – for - Special Judge (Atrocities), Ambikapur, District Surguja (C.G.) whereby the bail application filed by the appellants 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 appellants along with co-accused persons, riding motorcycle, car and Scorpio, armed with hockey sticks, rods & swords, 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 appellants and co-accused persons.

4. Learned Counsel for Appellants submits that the appellants are innocent and have been falsely implicated in the case. He submits that it is a counter case against the FIR filed by Hasrat Ullah Khan, no seizure has been made from the appellants and they were not named in the FIR. He further submits that the appellants are 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 appellants may be released on bail.

5. On the other hand, learned counsel appearing for the State opposes the said prayer and submits that the appellants, along with other co-accused persons, have 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 appellants do 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 appellants 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 appellants 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