Satyesh vs State Of Chhattisgarh
2021 Latest Caselaw 2595 Chatt

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                                    Cr.A. No. 549 of 2021



                                                                                   NAFR
                   HIGH COURT OF CHHATTISGARH, BILASPUR
                            Criminal Appeal No. 549 of 2021
      Satyesh S/o Ramkishun aged about 30 years, Caste- Panika, R/o Village-
       Biharpur, P.S. - Chandani, Tahsil - Odgi, District - Surajpur (C.G.)
                                                                         ---- Appellant
                                      Versus
      State of Chhattisgarh, Through: Arakshi Kendra Chandani, District Surajpur
       (C.G.)
                                                                ----State/Respondent

  For Appellant                 :   Shri Gyan Prakash Shukla, Advocate
  For Respondent /State         :   Shri Adil Minhaz, Government Advocate

                    Hon'ble Shri Justice Gautam Chourdiya, J
                              Judgment on Board
28.09.2021

1. This appeal by the accused/appellant under Section 14 (A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is directed against the order dated 22.02.2021 passed by the Special Judge (Atrocities), Surajpur, District Surajpur C.G.) in Bail Application No. 66/2021, rejecting his regular bail under Section 439 Cr.P.C. The appellant is in jail since 31.08.2021 in connection with Crime No. 24/2020 registered at Police Station- AJAK, District Surajpur, C.G. (previously registered as Cr.No. 24/2020 in Police Station Chandani) for the offence punishable under Sections 341, 376, 506 (B) of IPC and Section 3 (2) (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. As per prosecution case, the prosecutrix lodged a report that on 14.06.2020

at 12:00 noon she went to another house near Khodwabahar with rice and

pulses for her husband, after giving the said rice and pulses, she was

coming back home through the forest, on the way, the appellant was also

going to forest for bringing wood, he saw the prosecutrix, dragged her inside

the forest and committed forcible sexual intercourse with her. Thereafter, the

appellant threatened her that if she disclosed the incident to anyone, he

would kill her with knife.

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

Cr.A. No. 549 of 2021

falsely implicated in this crime. He submits that the investigating authority

has not collected any material evidence against the appellant and there is so

many discrepancies in the police investigation. He also submits that the

appellant is in jail since 31.08.2021 and conclusion of the trial is likely to take

some time, therefore, the appellant may be released on bail.

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

5. On the last date of hearing i.e. 03.08.2021 prosecutrix was connected

through video conferencing from District Legal Services Authority, Ambikapur

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

6. Considering the facts and circumstances of the case, considering 161

Cr.P.C. & 164 Cr.P.C. statements of the prosecutrix, trial is in progress as

out of 12 witnesses, 03 witnesses have been examined 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, that the nature of allegation made against the applicant, there is no

previous enmity between the prosecutrix and the appellant, nor any reason

to falsely implicate the appellant, age of the prosecutrix, she informed her

daughter Shivkumari and thereafter she lodged the report on 15.06.2020,

and that on 03.08.2021 the prosecutrix appeared through video conferencing

from District Legal Services Authority, Ambikapur and had raised objection to

grant of bail to the appellant by this Court, 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