CRA/1424/2026 of ANAND DAS MAHANT Vs STATE OF CHHATTISGARH on 21 July 2026

1. The instant criminal appeal filed by the appellant under Section 14-A(2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short, the Act, 1989) is for grant of regular bail to him, who has been arrested in connection with Crime No.54/2026 registered at Police Station – Kusmunda, District Korba (C.G.), for the offence punishable under Section 69 of Bhartiya Nyay Sanhita, 2023 (for short, the BNS) and Section 3(2)(v) of the Act, 1989.

2. As per the prosecution’s case, during the period between 20.01.2026 to 30.01.2026, the appellant is alleged to have committed sexual intercourse with the prosecutrix/victim on the false pretext of marrying her and when the prosecutrix/victim approached the appellant, then he refused to marry her and finally, the prosecutrix lodged a written complaint on 07.03.2026 before the P.S.Kusmunda. Based upon the written complaint by the complainant/victim, the present appellant was arrested by the Police and offence under the above sections has been registered against him.

3. By order dated 21.05.2026 passed by the learned Special Judge in Crime No. 54/2026, the bail application filed by the appellant has been rejected against which the appellant has filed this appeal.

4. Learned counsel for the appellant submits that the victim is 25 years old married woman and as per her statement recorded before the trial Court, the appellant has not committed any offence and that, the victim herself has specifically admitted that she was in love affair with the appellant and physical relation was established between them with the consent of the victim. He further submits that the appellant is in jail since 07.03.2026 and the trial is likely to take considerable time to be concluded, therefore, it is prayed that the appeal may be allowed and the appellant may be released on bail.

5. On the other hand, learned counsel for the State opposes the instant appeal for grant of regular bail.

6. Victim/complainant is present in Court along with her Advocate and she has raised no objection to grant bail to the appellant.

7. I have heard learned counsel appearing for the parties and perused the case diary.

8. Taking into consideration the entire facts and circumstances of the case and further considering the statement of the victim and the fact that the appellant is in jail since 07.03.2026 and the trial is likely to take considerable time, without commenting anything further on merits of the matter, this Court finds that this is a fit case, in which, the appellant should be granted bail. Accordingly, the present appeal is allowed.

9. It is directed that, in the event of the appellant executing a personal bond in the sum of Rs. 20,000/- with one surety to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:-

(i) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court,

(ii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Sd/-

(Radhakishan Agrawal)

JUDGE Anjani