Manoj Kumar Mahant v. State of Chhattisgarh Through S.H.O., P.S. Dabhra, Dist - Sakti Chhattisgarh

Mr. Ravindra Sharma, Advocate Mr. Karan Kumar Bahrani, PL Mr. Anchal Kumar Matre, Advocate (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 10/11/2025

The instant appeal under Section 14-A (2) of the Schedule Caste and Schedule Tribe Prevention of Atrocities Act, 1989 has been filed by the appellant being aggrieved by the impugned order dated 15/09/2025 passed in Bail Application No.842/2025 by the learned Special Judge SC & ST (P.A.) Act, Janjgir, District Janjgir-Champa, C.G. whereby the application under Section 483 of B.N.S.S. of the appellant has been rejected. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA 18:38:38 +0530

The appellant has preferred this appeal for grant of regular bail as he is arrested in connection with Crime No.298/2025 registered in Police Station P.S. Dabhra Nagar, District Sakti, C.G. for offence punishable under sections 333, 296, 115(2), 351 (2) of B.N.S. and Sections 3 (1) (r) (s) of SC/ST Act.

As per the prosecution case, the complainant has lodged a complaint on 09/09/2025 stating that since last one year the appellant/accused is harassing her, therefore, she made complaint against him. It was further alleged that the appellant/accused had sent some obscene messages and photographs in her mobile number and also used the filthy language against the complainant and her family members. It was further alleged that on 09/09/2025 at about 08.00 AM the appellant/accused entered into the shop of the complainant and got enraged on account of blocking his mobile number by the complainant and she has started talking to someone other and on account of this the appellant beaten the prosecutrix and strangulated her and also extended threat to kill her and to set her shop ablaze. Thereafter, on the basis of the complaint made by the appellant the aforesaid aforesaid offences were registered against him and the appellant was arrested.

Learned counsel for the appellant would submit that the appellant has not committed any offence as alleged against him. He would next contend that in the complaint intself no allegation of abusive language regarding the caste of the victim/complaint as such no case under the S.C. S.T. Act is made out against the appellant. He would next contend that the statement of the prosecution witnesses do not disclose the commission of offence by the appellant as alleged against him. He would therefore submit that the appellant is in jail since 11/09/2025 and the trial will take some more time to conclude, therefore, the appellant may be enlarged on bail.

Per contra, learned State counsel opposes the prayer for grant of bail. The prosecutrix appeared before this Court on 24/09/2025 and raised objection with regard to grant of bail to the appellant.

I have heard learned counsel for the parties at length and perused the record.

The record shows that the victim and the appellant were acquainted with each other and it will take time to conclude the trial, therefore, looking to the facts & circumstances of the case, I am inclined to release the appellant on bail.

Let appellant Manoj Kumar Mahant, involved in Crime No.298/2025, under Sections 333, 296, 115(2), 351 (2) of B.N.S. and Sections 3 (1) (r) (s) of SC/ST Act, police station P.S. Dabhra Nagar, District Sakti, C.G., be released on bail on his furnishing a personal bond with one surety in like amount 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 their counsel. In case of his absence, without sufficient cause, the trial Court may proceed against them under Section 269 of Bhartiya Nyay Sanhita, 2023. (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, 2023 is issued and the applicant 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 Bhartiya Nyay Sanhita, 2023. (iv) The appellant shall remain present, in person, 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 2023. If in the opinion of the trial Court absence of the applicant 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 them in accordance with law.

Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. SD/- (Arvind Kumar Verma) JUDGE