Dharmendra Devendra vs State Of Chhattisgarh
2021 Latest Caselaw 3105 Chatt

                                                                           NAFR
                HIGH COURT OF CHHATTISGARH, BILASPUR
                           CRA No. 776 of 2021
        Dharmendra Devendra S/o Shri Ashwant Lal Aged About 20 Years
         R/o Pandripani, Police Station Charama , District North Bastar
         Kanker Chhattisgarh., District : Kanker, Chhattisgarh
                                                                    ---- Appellant.
                                        Versus
        State Of Chhattisgarh Through The Station House In Charge,
         Police Station Kanker (Ajak) , District North Bastar Kanker
         Chhattisgarh., District : Kanker, Chhattisgarh
                                                                 ---- Respondent.

           For Appellant                :        Mr. Sandeep Shrivastava, Adv.
           For Respondent               :        Mr. Ishwar Jaiswal, PL


                   Hon'ble Smt. Justice Vimla Singh Kapoor

                                 Judgment On Board
   11/11/2021

This appeal arises out of the impugned order dated 08.07.2021

passed by Special Judge (Atrocities) North Bastar, Kanker rejecting the Bail

Application No.108/2021 (Crime No.1/2021) of the accused for the offences

punishable under Section 376 IPC and 3(2) (V- d) of the Scheduled Caste &

Scheduled Tribe (Prevention of Atrocities) Act.

2. Prosecution story in brief is that on 14.06.2021 when the prosecutrix,

belonging to the scheduled caste category, had gone to attend her brother's

marriage, the accused/appellant called her over phone to meet in a temple

and committed sexual intercourse. Even the next day i.e. on 15.06.2021 they

both had been together, wandered about on a motorcycle and again had

sexual intercourse coupled with the act of kissing and pressing her breast.

3. Counsel for the accused/appellant submits that the sexual intercourse

between the accused and the prosecutrix was consensual and there was a

love affair between the two. According to the counsel for the

accused/appellant, the accused/appellant has not committed any offence

which can prima-facie attract the ingredients of the Special Act.

4. State counsel however, opposes the prayer for bail and holds the order

impugned passed by learned Court below to be fully justified and submits that

the accused must face the music for his act.

5. Heard counsel for the parties and perused the documents.

6. Having considered the material on record prima-facie it appears to be a

case of consent. This fact has been reinforced by the statement of the

prosecutrix made before this Court on 26.10.2021 by appearing through video

conferencing, to the effect that she would not object to grant of bail to the

accused. This apart, the prosecutrix is a major woman aged about 18 years

and the act and manner in which she remained with the accused and enjoyed

sex for two days, indicates her being a consenting party. Moreover, the

accused/appellant is incarcerating since 22.06.2021 and therefore, it would

be in the interest of justice to grant bail to him.

7. Accordingly, the appeal is allowed and the impugned order is set-aside.

The appellant is directed to be released on bail on his furnishing a personal

bond in the sum of Rs.50,000/- with one surety for the like amount to the

satisfaction of concerned Court. He shall make himself present on all the

dates as are given to him by the said Court, until the case itself is disposed

of.

Certified copy as per rules.

Sd/-

(Vimla Singh Kapoor)

Judge

Jyotishi/Ajay