Rajesh Sahu vs State Of Chhattisgarh
2021 Latest Caselaw 2133 Chatt

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                                   Cr.A. No. 582 of 2021



                                                                                  NAFR
                   HIGH COURT OF CHHATTISGARH, BILASPUR
                        (Proceedings through Video Conferencing)
                               Criminal Appeal No. 582 of 2021
      Rajesh Sahu, S/o. Raghuram Sahu, aged about 19 years, R/o. Under Torwa
       Bridge, Near Muktidham, Police Station- Torwa, Bilaspur, District Bilaspur
       (C.G.)
                                                                      ---- Appellant
                                        Versus
      State of Chhattisgarh, through Station House Officer, P.S.- Mahila Thana,
       Bilaspur, District- Bilaspur (C.G.)
                                                             ----State/Respondent

For Appellant : Shri Bharat Gulabani, Advocate For Respondent /State : Shri Anand Verma, Deputy Government Advocate

Hon'ble Shri Justice Gautam Chourdiya, J Judgment on Board 03.09.2021

1. This appeal by the accused/appellant under Section 14A of the Scheduled

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

against the order dated 26.03.2021 passed by the Special Judge,

(Atrocities), District Bilaspur (C.G.) in Special Case No. 4/2020, rejecting his

regular bail under Section 439 Cr.P.C. The appellant is in jail since

29.11.2019 in connection with Crime No. 41/2019 for the offence punishable

under Sections 376D, 324, 506-II of IPC and Section 3 (2) (v) of the

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

1989, registered at Police Station- Mahila Thana, Bilaspur, District Bilaspur

(C.G.).

2. Prosecution case is that the prosecutrix came from Raipur to meet co-

accused Masoom Beg. She stayed with Masoom Beg and then Masoom

Beg called two other co-accused Shashi and Rajesh, which was resisted by

prosecutrix and quarrel took place. It is further submitted that at the time of

incident, when Masoom Beg went outside from his house, the prosecutrix

was taken by Shashi and Rajesh to another place and ignoring request to

Cr.A. No. 582 of 2021

leave her in the house of her friend in another colony, on the threat,

prosecutrix was subjected to rape by the present appellant.

3. Learned counsel for the appellant submits that the appellant has not

committed any offence and he has been falsely implicated in the case. He

submits that the appellant is in jail since 29.11.2019 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 present in person before Help Desk of this Court and she is

identified/verified by an employee of this Court, through her Aadhar Card.

The prosecutrix stated that she has objection to grant of bail to the appellant

by this Court.

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

evidence of prosecutrix, she specifically made allegation against the

appellant that he committed rape upon her, trial is in progress in this

case and in near future case is likely to be disposed of by the trial Court, the

evidence so far recorded before the trial Court cannot be appreciated at this

stage by this Court, further considering that the regular bail application filed

by the present appellant was rejected on merits by the coordinate bench of

this Court vide order dated 20.08.2020 passed in M.Cr.C. No. 3734 of 2020,

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