BAL SINGH vs STATE OF CHHATTISGARH

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CGHC010156902026 2026:CGHC:44995
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
KUNAL
DEWANGAN
Digitally
signed by
KUNAL
DEWANGAN
CRA No. 1083 of 2026
Bal Singh S/o Indrajeet Aged About 29 Years R/o Village Dhumadand
( Salhenipara), Out Post Rewati, Police Station Chandoura, District
Surajpur C.G.
... Appellant(s)
versus
State Of Chhattisgarh Through The Station House Officer, Out Post
Rewati, Police Station Chandoura, District- Surajpur C.G.
... Respondent(s)
For Appellant : Mr. Anil K. Gulati, Advocate.
For Respondent/State : Mr. Dharmesh Shrivastava, Dy. Adv. Gen.
Hon'ble Mr. Rakesh Mohan Pandey, Judge
Order on Board
26/10/2026
1. The appellant has preferred this Appeal/bail application under
Section 14-A(2) of the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989, seeking grant of regular bail in
connection with Crime No. 12/2026, registered at Police Station
Chandoura, District Surajpur (C.G.), for the offences punishable
under Section 64(1) of the BNS and Section 3(2)(v) of the SC/ST
(Prevention of Atrocities) Act.
2. The prosecution story, in brief, is that on 26.01.2026, at about 11:00

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a.m., while the victim was returning from a Choice Centre after
withdrawing money, the appellant, who belongs to the same village,
offered to drop her on his motorcycle. It is alleged that the appellant
took her towards Beharadand Bridge and committed sexual assault
upon her despite being aware of her caste. On hearing her cries, a
villager reached the spot, whereupon the appellant fled. Thereafter,
the victim lodged the FIR against the appellant on 28.01.2026.
3. Learned counsel for the appellant would submit that the appellant is
innocent and has been falsely implicated in the present case. He
would further submit that the alleged incident occurred on
26.01.2026, whereas the FIR was lodged on 28.01.2026, without
any satisfactory explanation for the delay. He would further submit
that the victim, aged about 40 years, was allegedly seen in a
compromising position with the appellant by a villager, who
informed other villagers, whereafter the report was lodged. It is
further submitted that the medical examination report does not
reveal any external injury or marks of struggle on the person of the
victim. According to learned counsel, the circumstances indicate a
consensual relationship between the parties and in the present
case, charge-sheet has already been filed, the appellant is in jail
since 24.02.2026 and the conclusion of trial is likely to take some
time. Therefore, he prays for grant of bail.
4. On the other hand, learned State counsel would oppose the prayer
for grant of bail and submit that the victim, in her statement
recorded under Section 183 of the BNSS, has specifically alleged
that the appellant forcibly took her to Beharadand Bridge and

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committed sexual assault upon her. Considering the nature and
gravity of the allegations, the appellant is not entitled to be released
on bail.
5. Pursuant to the notice issued upon the victim, the victim appeared
before a Co-ordinate Bench of this Court on 24.08.2026 and raised
an objection to the grant of bail to the appellant.
6. I have heard learned counsel appearing for the parties and perused
the case diary.
7. Having considered the facts and circumstances of the case, nature
and gravity of the offences alleged against the appellant, the fact
that the FIR was lodged two days after the alleged incident, the age
of the victim being about 40 years, the defence submission that the
appellant and the victim were allegedly seen together by a villager
prior to lodging of the FIR, the medical examination report, the fact
that the charge-sheet has already been filed and the appellant is in
jail since 24.02.2026, this Court, without further commenting upon
the merits of the case, is inclined to grant bail to the appellant.
8. Accordingly, the bail application is allowed . It is directed that in the
event of the applicant executing a personal bond for a sum of
Rs.50,000/- with one surety in the like sum 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;

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(ii) he shall not act in any manner which will be
prejudicial to fair and expeditious trial, &
(iii) he shall appear before the trial Court on each and
every date given to him by the said Court till disposal
of the trial.
- S/- Sd/-
(Rakesh Mohan Pandey)
Judge
Kunal