Vikesh Kumar vs State Of Chhattisgarh
2021 Latest Caselaw 2089 Chatt

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                                    Cr.A. No. 737 of 2021



                                                                              NAFR
                   HIGH COURT OF CHHATTISGARH, BILASPUR

                         (Proceedings through Video Conferencing)
                             Criminal Appeal No. 737 of 2021
      Vikesh Kumar S/o Madan Barik but wrongly mention in order as Madan Ram
       aged about 26 years R/o Village- Khajuri P.S. - Darima, District Surguja
       (C.G.)
                                                                    ---- Appellant
                                      Versus
      State of Chhattisgarh Through- Station House Officer, AJK Ambikapur,
       District Surguja (C.G.)
                                                           ----State/Respondent

  For Appellant                 :   Shri A.N. Pandey, Advocate
  For Respondent /State         :   Shri K.K. Singh, Government Advocate

                   Hon'ble Shri Justice Gautam Chourdiya, J
                             Judgment on Board
01.09.2021

1. This appeal by the accused/appellant under Section 14A (2) of the

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

is directed against the order dated 09.04.2021 passed by the Special Judge

(Atrocities) Surguja Ambikapur (C.G.) in Special Sessions (Atrocities) Case

No. 12/2021, rejecting his regular bail under Section 439 Cr.P.C. The

appellant is in jail since 06.01.2021 in connection with Crime No. 02/2021 for

the offence punishable under Sections 376 (2) (n) & 506 of IPC and Section

3 (2) (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of

Atrocities) Act, 1989, registered at Police Station- AJK, Ambikapur, District

Surguja (C.G.).

2. Prosecution case is that the prosecutrix lodged a written report against the

appellant alleging that on the false promise of marriage, the appellant put

vermilion on her hair-parting at temple in the year 2016 and committed

sexual intercourse against her as a result of which she became pregnant

and she gave birth a female child. It is alleged that the appellant and the

Cr.A. No. 737 of 2021

prosecutrix both were having physical relations since the year 2016 and

thereafter continuously both were having physical relations till 2019.

3. Learned counsel for the appellant submits that the appellant has been

falsely implicated in this crime. He submits that the prosecutrix is a major

and the incident happened in the year 2016, but report was lodged by the

prosecutrix in the year 2021, therefore, there is delay in lodging of F.I.R. He

submits that the appellant is in jail since 06.01.2021 and due to Covid-19,

conclusion of the trial is likely to take some time, therefore, he may be

released on bail.

4. On the other hand, learned counsel for the State opposes the appeal.

5. Prosecutrix is connected through video conferencing from District Legal

Services Authority, Ambikapur and stated that she studied till 7th standard

and she has objection to grant of bail to the appellant by this Court.

6. Considering the facts and circumstances of the case, considering the fact

that the prosecutrix is a tribal girl, studied till 7 th standard, on the false

promise of marriage, the appellant put vermilion on her hair-parting at temple

in the year 2016 and committed sexual intercourse against her, both were

having continuously physical relations till 2019 as a result of which she

became pregnant and born a female child and thereafter, the appellant

deserted the prosecutrix, without commenting anything on merits of the

case, this Court is not inclined to release the appellant on bail. The order

impugned of the trial Court rejecting the appellant's bail application does not

suffer from any illegality or perversity. Accordingly, the present appeal being

without any substance is hereby dismissed.

Sd/-

(Gautam Chourdiya) Judge vatti