Santosh Das vs State Of Chhattisgarh
2021 Latest Caselaw 2599 Chatt

                                            1

                                   Cr.A. No. 978 of 2021



                                                                                NAFR
                   HIGH COURT OF CHHATTISGARH, BILASPUR
                            Criminal Appeal No. 978 of 2021
      Santosh Das S/o Late Shri Jagdish Das, aged about 34 years, R/o Kabir Kuti
       Ashram Bamhnidih, Police Station Bamhnidih, District Janjgir-Champa
       (C.G.)
                                                                   ---- Appellant
                                       Versus
      State of Chhattisgarh Through : Station House Officer, Police of Police
       Station Bamhnidih, District Janjgir-Champa (C.G.)
                                                          ----State/Respondent

  For Appellant                :   Shri T.K. Jha, 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 (2) of the

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

is directed against the order dated 03.09.2021 passed by the Special

Sessions Judge (Atrocities), Janjgir, District Janjgir-Champa (C.G.) rejecting

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

03.09.2021 in connection with Crime No. 36/2021 for the offence punishable

under Sections 354, 376, 506-B of IPC and Section 3 (2) (v) of the

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

1989, registered at Police Station- Bamhnidih, District Janjgir-Champa

(C.G.).

2. As per case diary, the appellant is Acharya and he is Saint of Kabir Ashram

Bamhnidih. Allegation against the appellant is that he committed rape upon

the prosecutrix who is 18 years of age.

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

falsely implicated in this crime. He submits that the appellant is in jail since

03.09.2021, conclusion of the trial is likely to take some time, therefore, the

Cr.A. No. 978 of 2021

appellant may be released on bail. He also submits that compromise has

taken place between the prosecutrix and the appellant and the prosecutrix

has no objection to grant of bail to the appellant.

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

5. As per State counsel, notice has been served upon the mother of the

prosecutrix, but neither she is present nor is there any representation on her

behalf.

6. Considering the facts and circumstances of the case, as per statement of the

prosecutrix recorded under Section 164 Cr.P.C., she stated that the

appellant committed rape upon her and her statement is supported by the

medical evidence, though the learned counsel for the appellant submitted

that the compromise has taken place between the prosecurix and the

appellant and the prosecutrix has no objection to grant of bail to the

appellant, but considering the nature of allegation made against the present

appellant for committing rape upon 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