Pitmbar Yadav vs State Of Chhattisgarh
2021 Latest Caselaw 2619 Chatt

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                                    Cr.A. No. 793 of 2021



                                                                              NAFR
                   HIGH COURT OF CHHATTISGARH, BILASPUR
                             Criminal Appeal No. 793 of 2021
      Pitambar Yadav S/o Ganeshwar Yadav, aged about 26 years, R/o
       Kokiyakhar Garabandha O.P. Kotaba, P.S. Bagbahar, District Jashpur (C.G.)
                                                                    ---- Appellant
                                       Versus
      State of Chhattisgarh, through the Station House Officer, Police Station
       Tamnar, District Raigarh (C.G.)
                                                           ----State/Respondent

For Appellant : Shri Manoj Kumar Jaiswal, Advocate For Respondent /State : Shri Adil Minhaz, Government Advocate

Hon'ble Shri Justice Gautam Chourdiya, J Judgment on Board 29.09.2021

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 17.06.2021 passed by the Special Judge

(Atrocities Act), Raigarh, District Raigarh C.G.) in Special Criminal Case

Under the Atrocities Act No. 14/2020, rejecting his regular bail under Section

439 Cr.P.C. The appellant is in jail since 15.09.2020 in connection with

Crime No. 07/2020 registered at Police Station- Tamnar, District Raigarh for

the offence punishable under Sections 376 (2) (k), 420 of IPC and Section 3

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

Atrocities) Act, 1989.

2. Allegation against the present appellant is that he committed sexual

intercourse with the prosecutrix many times in the name providing her job in

the railway and obtained Rs.2 lacs from her. However, neither any such job

was provided nor the money was returned to the prosecutrix. Thus, the

appellant cheated the prosecutrix by taking money in the name of securing

job and also sexually exploited her.

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

Cr.A. No. 793 of 2021

falsely implicated in this crime. He submits that the appellant has not given

any assurance to provide job to the prosecutrix and has not obtained any

money in the name of providing her job. He also submits that the appellant is

in jail since 15.09.2020 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. Prosecutrix is present in person before this Court and she is

identified/verified by Shri Adil Minhaz, Government Advocate 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 nature

of allegation made against the appellant that he took away the prosecutrix

on the pretext of providing job in the railway, committed sexual intercourse

with prosecutrix many times in his room against her will and cheated her by

taking Rs.2 lacs, neither any such job was provided nor the money was

returned to the prosecutrix by the appellant, thereafter, the prosecutrix

lodged the report after seven months against the appellant, the prosecutrix is

a tribal girl aged about 26 years, she appeared in person before this Court

and 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