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Judgment
The appellant has preferred this Criminal Appeal under Section 14-A(2) of the SC/ST (Prevention of Atrocities) Act, 1989 for setting aside of order dated 13.11.2025 passed by the learned Special Judge under Atrocities Act, Baikunthpur, District Koriya (C.G.) and for grant of bail to the appellant who has been arrested in connection with Crime No. 10/2025, registered at Police Station- Baikunthpur, District Koriya (C.G.) for the offence punishable under Sections 333, 118, 115(2) and 76 of Bhartiya Nyaya Sanhita, 2023 and Sections 3(2)(va) & 3(1)(b)(i) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The case of the prosecution, in brief, is that on 04.11.2025 at 9:30 am, the appellant went to the house of the victim and asked about her nephew, upon which the victim told him that his nephew is not present. Finding the victim alone in the house, the appellant entered the house and touched her inappropriately. He also assaulted the victim on her left hand. The victim thereafter lodged a report in this regard. On the basis of the said report, the police registered an FIR against the appellant.
Learned counsel for the appellant would argue that the appellant is innocent and has been falsely implicated in the present case. He would further submit that the victim is a woman aged about 30 years and was involved in selling liquor. The appellant had approached her for purchasing liquor, during which a dispute arose between them with regard to payment of money. He would submit that the appellant has been in custody since 06.11.2025 and that the trial is likely to take considerable time to conclude. On these premises, learned counsel for the appellant prays that the appellant may be enlarged on bail.
On the other hand, learned counsel for the State opposes the bail application and would submit that there is a specific allegation against the appellant of committing rape upon the victim. He would further submit that the charge-sheet has already been filed and that there are 16 previous criminal antecedents against the appellant. He, therefore, submits that the present appeal deserves to be dismissed.
Learned counsel for the objector opposes the bail application.
I have heard learned counsel for the parties, and perused the case diary.
Having considered the facts and circumstances of the case, particularly the nature and gravity of the offence, as also the criminal antecedents of the present appellant and the evidence of the victim, who was examined by the learned trial Court on 20.01.2026 and supported the case of the prosecution, I do not find any ground to allow the present appeal. Accordingly, the instant appeal is hereby dismissed.