ATUL TAMRAKAR vs STATE OF CHHATTISGARH

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CGHC010328102026 2026:CGHC:38353
NAFR
KUNAL
DEWANGAN
HIGH COURT OF CHHATTISGARH AT BILASPUR
Digitally
signed by
KUNAL
DEWANGAN
MCRC No. 7997 of 2026
Atul Tamrakar S/o Birju Tamrakar Aged About 23 Years R/o Raidas,
Ward No. 18, Mission Chowk, Kedarpur, P.S. And Tahsil- Ambikapur,
District- Sarguja (C.G.)
... Applicant(s)
versus
State Of Chhattisgarh Through S.H.O. Police Station- Ambikapur,
District- Sarguja (Ambikapur ) (C.G.)
--- Non-Applicant(s)
For Applicant(s) : Mr. Satyendra Srivas, Advocate.
For Non-Applicant(s) : Ms. Monika Thakur, Panel Lawyer.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
31.08.2026
1. The applicant has filed this first bail application under Section 483 of
the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular
bail, who has been arrested in connection with Crime No. 394/2026
registered at Police Station Ambikapur, District Surguja
(Ambikapur), Chhattisgarh for the offences punishable under
Sections 296, 351(3), 115(2), 191(2), 126(2), 74, 75(2), 78, 238
and 49 of the Bharatiya Nyaya Sanhita, 2023.
2. As per the case of prosecution, on 10.06.2026 at about 10:30 p.m.,
the victim was going along with her brother on a scooter towards
Gandhi Chowk for taking medicines. When they reached near

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Mission Hospital, the present applicant/accused Atul Tamrakar
allegedly parked his Bullet motorcycle and made a phone call to co-
accused Amar Kushwaha on speaker mode and asked him as to
what should be done, to which Amar Kushwaha allegedly replied
that whatever was to be done may be done and he would take care
of the matter. Thereafter, the applicant allegedly caught hold of the
hand of the victim and pulled her from the scooter and asked her
where she was going and offered to drop her. Despite objection by
the brother of the victim, the applicant allegedly touched and
pressed her private parts and attempted to kiss her cheek. When
the victim and her brother somehow proceeded from the spot, the
applicant allegedly came along with his associates namely Godra,
Kanha Vishwakarma, K.D., Bhondu and 5-6 other persons, who
allegedly abused the victim in filthy language and threatened to kill
her and assaulted her and her brother by means of fists, bamboo
sticks, belt and stones, resulting in injuries on various parts of their
bodies. On the basis of the written report lodged by the victim, the
aforesaid offence was registered. After completion of investigation,
the charge-sheet was filed before the competent Court.
3. Learned counsel for the applicant submits that the applicant is
innocent and has been falsely implicated in the present case. The
applicant has neither abused nor harassed the victim. It is further
submitted that the injury sustained by the brother of the victim is
simple in nature. He further submits that co-accused Rohit Kedia
has already been granted bail on 27.06.2026 by the learned
Sessions Court. It is also submitted that co-accused Amar

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Kushwaha, who has been made accused under Section 49 of the
B.N.S., has been released from the police station and the other co-
accused persons, being juveniles, have also been released from the
police station. It is further submitted that the applicant is in custody
since 17.06.2026 and the charge-sheet has already been filed
before the competent Court. So far as the criminal antecedents of
the applicant are concerned, the applicant has a total of five criminal
antecedents, out of which one case has already been disposed of
and four cases are still pending. The said criminal antecedents have
been duly disclosed and explained in the bail application as such
the conclusion of the trial is likely to take some time, therefore, he
prays for grant of bail.
4. On the other hand, learned State counsel opposes the prayer for
grant of bail and submits that the allegations against the applicant
are serious in nature. It is submitted that the applicant is alleged to
have sexually assaulted the victim in a public place and thereafter,
along with other associates, assaulted and threatened the victim
and her brother. It is further submitted that the victim sustained
injuries and in her statement recorded under Section 183 of the
BNSS, she has supported the prosecution case. She further
submits that the applicant has criminal antecedents and although
the same have been duly explained in the bail application, looking to
the nature of the allegations and the antecedents of the applicant,
he is not entitled to the benefit of bail.
5. I have heard learned counsel for the parties and perused the case
diary.

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6. Considering the facts and circumstances of the case, allegation
against the applicant that he intercepted the victim in a public place,
caught hold of her hand, subjected her to unwanted physical
contact with an allegation of sexually assaulting her and thereafter,
along with other persons, assaulted and threatened the victim and
her brother and the fact that the victim sustained simple injuries, the
statement of the victim recorded under Section 183 of the BNSS
wherein she has supported the prosecution case and further
considering the criminal antecedents of the applicant, which have
been duly disclosed and explained in the bail application, this Court
is not inclined to grant bail to the applicant at this stage.
7. Accordingly, the bail application of the applicant namely Atul
Tamrakar involved in Crime No. 394/2026 registered at Police
Station Ambikapur, District Surguja (Ambikapur), Chhattisgarh for
the offences punishable under Sections 296, 351(3), 115(2),
191(2), 126(2), 74, 75(2), 78, 238 and 49 of the Bharatiya Nyaya
Sanhita, 2023., is rejected .
8. Needless to say that the trial Court concerned is at liberty to
proceed and conclude the trial expeditiously.
9. Office is directed to provide a certified copy of this order to the trial
Court concerned for necessary information and compliance.
- Sd/-
(Ramesh Sinha)
CHIEF JUSTICE
Kunal