Dhaneshwar Patel vs State Of Chhattisgarh
2022 Latest Caselaw 4551 Chatt

                                        1

                                                                            NAFR
              HIGH COURT OF CHHATTISGARH, BILASPUR
                             CRA No. 865 of 2022

    Dhaneshwar Patel S/o Maniram Patel Aged About 31 Years R/o Tuman,
     Thana Urga, District- Korba Chhattisgarh.

                                                                     ---- Appellant

                                     Versus

    State Of Chhattisgarh Through Police Station AJK Baikunthpur, District-
     Koriya Chhattisgarh.

                                                                 ---- Respondent

For the Appellant : Mr. Vikas Kumar Pandey, Advocate For Respondent/State : Mr. R. M. Solapurkar, G.A.

Hon'ble Shri Justice Sachin Singh Rajput Judgment On Board 18.07.2022

1. This appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribe(Prevention of Atrocities) Act,(hereinafter referred to as"Special Act") has been filed against the order dated 07.04.2022 passed by the Special Judge(SC/ST), Koriya Baikunthpur, District Koriya (CG) rejecting the application u/s 439 CrPC in connection with Crime No.05/2022 registered at police station AJK Baikunthpur, District Koriya (CG), for the offence punishable under Sections 376(2)(n) of IPC and Section 3(2)(V) of the SC/ST(Prevention of Atrocities) Act-1989.

2. Case of the prosecution in brief is that prosecutrix lodged a written complaint against the applicant stating that the applicant has committed sexual intercourse with her on pretext of marriage and after investigation police has arrested the appellant on 05.03.2022 under the above mentioned offences.

3. Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in the case. He submits that the applicant and prosecutrix are in relationship for about 2 years. He further submits that there is delay of about 3 months in lodging the FIR. Applicant is in jail since 05.03.2022, and trial is likely to take some time, therefore, he may be released on bail. He placed reliance on the judgments of the Hon'ble Supreme Court in cases of Maheshwar Tigga

Vs. State of Jharkhand reported in (2020) 10 SCC 108 & Pramod Suryabhan Pawar Vs. State of Maharashtra reported in 2019(9) SCC

608.

4. On the other hand, learned counsel for the State opposes the appeal and submits that charge-sheet has been filed and looking to the statement of prosecutrix, the bail application may be rejected.

5. After hearing counsel for the parties, considering the facts and circumstances of the case, looking to the age of prosecutrix, medical report and period of relationship between the applicant and prosecutrix and also looking to the detention period, charge-sheet has been filed, I am inclined to allow this appeal.

6. Accordingly, the appeal is allowed, the impugned order dated 07.04.2022 is set aside and it is directed on his furnishing a personal bond in the sum of Rs.25,000/- with one solvent surety for the like amount to the satisfaction of the concerned trial Court the appellant shall be released on bail on the following conditions:-

(i) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such fact to the Court.

(ii) He shall not act in any manner which will be prejudicial to fair and expeditious trial.

(iii) He shall not involve himself in any offence of similar nature in future.

(iv) He shall not visit Manendragarh which is residence place of victim except on the hearing without the leave of the trial Court.

7. It is made clear that if any of the aforesaid conditions is violated by the appellant, the State/victim would be free to move for cancellation of bail.

        -                                                       Sd/-

                                                      (Sachin Singh Rajput)
                                                                Judge
parul