RUKHMAN PATEL vs STATE OF CHHATTISGARH

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CGHC010379822026
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 2458 of 2026
1 - Rukhman Patel S/o Yudhistir Patel Aged About 32 Years R/o
Tangapasa P.S. Basna District Mahasamund Chhattisgarh
... Appellant
versus
1 - State Of Chhattisgarh Through- The Police Station Kondagaon
District Kondagaon Chhattisgarh.
... Respondent
For Appellant : Mr. P.K. Tulsyan, Advocate
For Respondent
: Ms. Ankita Shukla, P.L.
/State
Hon’ble Shri Justice Rakesh Mohan Pandey
Judgment on Board
30/10/2026
1. The appellant has preferred this Criminal Appeal under Section
14-A(2) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 (in short “the SC/ST Act”) for

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setting aside of order dated 17/08/2026 passed by the Special
Judge SC/ST Act (Atrocities), Kondagaon (C.G.) in Special Case
No. 08/2026 whereby the regular bail application filed by the
appellant under Section 483 of BNSS in connection with Crime
No. 177/2026 registered at Police Station Kondagaon, District
Kondagaon (C.G.) for commission of offence punishable under
Sections 64, 64(2)(m), 351(3) of BNS and Section 3(2)(v) of the
SC/ST (prevention of Atrocities) Act, 1989.
2. Case of the prosecution, in brief, is that victim lodged an FIR on
15/02/2026 to the effect that the present appellant sexually
exploited her and also extended threats of making her
objectionable videos viral on the internet. On such complaint,
police registered offence punishable under Sections 64, 64(2)(m),
351(3) of BNS against him and at the time of filing of the charge-
sheet, offence punishable under Section 3(2)(v) of the Act of 1989
was added.
3. Mr. Pravin Kumar Tulsyan, learned counsel appearing for the
appellant, would contend that there was a love affair between the
appellant and the victim which continued from June, 2025 till
15/02/2026 and after their breakup, the appellant herein
demanded his money back from the victim and a meeting in that
regard was also called in the village and thereafter, false FIR was
lodged by the victim. It is also contended that there is one
previous criminal antecedent of the appellant registered under the
Excise Act, investigation has already been completed and charge-

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sheet has been filed and moreover, the appellant is in jail from
03/06/2026 and conclusion of trial will likely take some time,
therefore, the appellant be released on bail. With regard to the
offence punishable under Section 3(ll)(v) of the SC/ST Act, 1989,
he would submit that there is no issue of social status of the victim
and there is no such allegation in the FIR as well.
4. On the other hand, Ms. Ankita Shukla, learned counsel appearing
for the non-applicant/State, opposes the criminal appeal and the
submission made by learned counsel for the appellant. She would
submit that the appellant lured the victim and on the pretext of
marriage, he sexually exploited her. Thus, she would submit that
the appeal deserves to be dismissed.
5. Victim and her father appeared before this Court through video
conferencing from the concerned DLSA and raised serious
objection in grant of bail to the appellant.
6. I have heard learned counsel for the parties, perused the case
diary and went through the material available on record.
7. Having considered the age of the victim which was 22 years on
the date of the incident and further considering that the appellant
and the victim were in a love affair which continued from June
2025 till 15/02/2026 and when appellant demanded his money
back from the victim and a meeting was also called in the village
in this regard, thereafter, FIR was lodged by the victim, also
considering that though there is one criminal antecedent of the
appellant but it was under the provisions of the Excise Act; lastly

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considering that charge-sheet has been filed and appellant is in
jail since 03/06/2026 and conclusion of trial will likely take some
time, without expressing any opinion on the merits of the case,
this Court finds it appropriate to grant bail to the appellant.
8. Accordingly, the instant appeal is allowed and the order dated
17/08/2026, passed by the learned Special Judge, SC/ST Act
(Atrocities), Kondagaon is hereby set-aside . The Appellant –
Rukhman Patel be released on bail on furnishing personal bond
with two sureties in the like sum to the satisfaction of the Court
concerned with the following conditions:-
(i) The appellant shall file an undertaking to the effect
that he shall not seek any adjournment on the dates
fixed for evidence when the witnesses are present in
court. In case of default of this condition, it shall be
open for the trial court to treat it as abuse of liberty of
bail and pass orders in accordance with law;
(ii) The appellant shall remain present before the trial
court on each date fixed, either personally or through
his counsel. In case of his absence, without sufficient
cause, the trial court may proceed against his under
Section 269 of Bharatiya Nyaya Sanhita;
(iii) In case, the appellant misuses the liberty of bail
during trial and in order to secure his presence,
proclamation under Section 84 of BNSS. is issued
and the appellant fails to appear before the court on
the date fixed in such proclamation, then, the trial
court shall initiate proceedings against him, in
accordance with law, under Section 209 of the
Bharatiya Nyaya Sanhita; &
(iv) The appellant shall remain present, in person,

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before the trial court on the dates fixed for (i) opening
of the case, (ii) framing of charge and (iii) recording of
statement under Section 351 of BNSS. If in the
opinion of the trial court absence of the appellant is
deliberate or without sufficient cause, then it shall be
open for the trial court to treat such default as abuse
of liberty of bail and proceed against him in
accordance with law.
9. However, this Court hopes and trust that the trial Court should
make an earnest endeavour to conclude the trial as expeditiously
as possible.
10. Office is directed to send a certified copy of this order to the trial
Court concerned for necessary information and compliance.
Sd/-
Sd/-
(Rakesh Mohan Pandey)
JUDGE
Harneet