Chattisgarh High Court
Ganesh Verma vs State Of Chhattisgarh on 27 March, 2025
1
2025:CGHC:14830
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 489 of 2025
1 - Ganesh Verma S/o Nemichand Verma Aged About 26 Years R/o Village Londamuda,
Police Station Komakhan, District Mahasamund Chhattisgarh. (Description Of Appellant Is
Mentioned As Per Mcrc No. 9142/2024)
... Appellant(s)
versus
1 - State Of Chhattisgarh Through The Station House Officer, Police Of Police Station
Komakhan, District Mahasamund Chhattisgarh.
... Respondent(s)
For Appellant(s) : Mr. Aditya Khare, Advocate
For Respondent(s) : Mrs. Sunita Manikpuri, Panel Lawyer
Hon'ble Shri Justice Arvind Kumar Verma, Judge
Order on Board
27/03/2025
1. This appeal under Section 14-A(2) of the Scheduled Caste and
Scheduled Tribes (Prevention of Atrocities) Act, 1989 is filed
against impugned rejection order dated 25.02.2025 (Annexure A-
1) in Crime No. 160/2024 passed by learned Special Judge (S.C.
S.T. Act) Mahasamund, District- Mahasamund (C.G.) whereby
appellant's second application filed under Section 483 of BNSS
for grant of bail was rejected.
2. The victim is present today before this Court in person and raised
no objection with regard to the bail of the appellant.
3. Appellant is in jail since 11.12.2024 in connection with Crime No.
160/2024 registered at Police Station-Komakhan, District
Mahasamund (C.G.) for the offence punishable under Section 69
of BNS and Section 3(2)(v) of SC/ST Act.
4. Case of prosecution, in brief, is that the victim lodged the report
against the appellant alleging in it that she was posted as Village
Panchayat Secretary and she met with the appellant 5 months
ago and it is alleged that the appellant established physical
relationship with her on the pretext of marriage and it is further
alleged that the appellant is having obscene photo f her and the
appellant demanded money with the victim and threatened her.
On the basis of report lodged by the victim, the police registered
the offence against the appellant and subsequently the appellant
was arrested by the police on 11.12.2024 for the offence
punishable under Section 69 of BNS and Section 3(2)(v) of
S.C./S.T. (Prevention of Atrocities) Act.
5. Learned counsel for the appellant submits that the appellant is
innocent and he has been falsely implicated in the case. He
further contended that at this juncture, even if it is assumed that
the money has been transferred in the account of applicant, it has
been transferred voluntarily, so far the allegation of obscene photo
kept by the appellant is concerned, no seizure was made and the
prosecution filed the charge sheet and in the entire charge sheet
so section was added by the prosecution with regard to
demonstrate that the appellant in any manner is having the
obscene photo of the victim.
6. Learned State Counsel objected the prayer stating that in the
judgment rendered by the Trial Court all incriminating
circumstances are against the accused/applicant which connects
him with the crime and chain of circumstances are fully linked and
completed with each other.
7. Heard counsel for respective parties.
8. Considering entire facts and circumstances of case, nature of
allegations, submission of counsel for respective parties and
considering the age and statement of the victim, it appears that
there was a love affair by and between the parties, and the charge
sheet has already been filed before the trial court. Therefore, l am
inclined to allow this appeal.
9. Accordingly, the appeal is allowed. Impugned rejection order
(Annexure A-1) is set aside. It is directed that appellant shall be
released on regular bail upon his furnishing a bail bond in sum of
Rs. 10,000/- with one surety in the like sum to the satisfaction of
the Court on the conditions that:-
(a) Appellant shall appear before trial court regularly on each and
every date, unless exempted from appearance.
(b) Appellant shall not, in any manner, tamper with the prosecution
witnesses.
Sd/-
(Arvind Kumar Verma)
JUDGE
Madhurima
