2025:CGHC:61728 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 2430 of 2025 Ankesh Gupta @ Bittu S/o Manoj Gupta Aged About 20 Years R/o Baskepi (Saopara) P.S. Balrampur, District- Balrampur Ramanujganj (C.G.)

... Appellant.

versus State Of Chhattisgarh Through The Station House Officer Of Police Station Balrampur, District- Balrampur Ramanujganj (C.G.)

--- Respondents For Appellant : Mr. Sachin Nidhi, Advocate.

For Respondent-State : Ms. Priya Sharma, PL.

Hon'ble Shri Justice Arvind Kumar Verma

Order on Board

17/12/2025

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

Scheduled Tribes (Prevention of Atrocities) Act, 1989, (for short, 'Act of 1989') is filed against impugned rejection order dated 04.11.2025 (Annexure A-1) passed by learned Special Judge, Atrocities Act, Balrampur, District- Balrampur Ramanujganj (C.G.), whereby appellant’s application filed under Section 483 of the BNSS for grant of bail is rejected.

2. Appellant is in jail since 06.06.2025 in connection with Crime No.

77/2025 registered at Police Station -Balrampur, District- Balrampur Ramanujganj (C.G.), for the offence punishable under Sections

64(2)(m) of BNS and Section 3(2)(V) of the Act of 1989.

3. Case of prosecution, in brief, is that appellant has committed forceful sexual intercourse with the victim and also threatened to kill her. Based upon report lodged by the victim, FIR was registered against the appellant and he has been arrested.

4. Learned counsel for appellant submits that appellant has been falsely implicated in this case, he has not committed any offence as alleged against him. Appellant is major lady/girl aged about 21 years, she is having love affair with the present appellant. There is no any other previous criminal antecedent against the applicant. Applicant is in jail since 06.06.2025, charge-sheet has been filed, conclusion of trial may take time, hence, appellant may be released on bail.

5. Learned State Counsel opposing the bail application of the appellant.

6. Heard counsel for respective parties.

7. Victim/prosecutrix is appeared through virtual mode from the concerned District Legal Services Authority and she raised no objection in granting bail to the appellant.

8. Considering entire facts and circumstances of case, nature of allegations, submission of counsel for the parties, particularly the age of the victim and the fact that there was love affair between the appellant and victim, further considering that victim has raised no objection in granting bail to the appellant, there is no any other previous criminal antecedent against the appellant, there is no evidence/material to show that appellant make an attempt to temper with the witnesses, detention period of appellant, I am inclined to allow this appeal.

9. Accordingly, appeal is allowed. Impugned rejection order (Annexure A-1) is set aside. It is directed that appellant shall be released on regular bail upon his furnishing a bail bond in sum of Rs.10,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that:-

a) Appellant shall appear before trial Court regularly on each and every date, unless exempted from appearance.

b) Appellant shall not, in any manner, tamper with the prosecution witnesses.

Certified copy as per rules.

Sd/-

(Arvind Kumar Verma)

Judge J/-