Maheshwar Sahu @ Chhotu vs State Of Chhattisgarh
2025 Latest Caselaw 2541 Chatt

Chattisgarh High Court

Maheshwar Sahu @ Chhotu vs State Of Chhattisgarh on 20 March, 2025

                                       1




                                                           2025:CGHC:13462
                                                                  NAFR

            HIGH COURT OF CHHATTISGARH AT BILASPUR


                             CRA No. 360 of 2025

1 - Maheshwar Sahu @ Chhotu S/o Harichand Aged About 28 Years
R/o Village Nakna, Police Station Ramanujnagar, District Surajpur
(C.G.)
                                                      ... Appellant(s)


                                   versus


1 - State Of Chhattisgarh Through The Station House Officer, Police Of
Police Station Ajak Surajpur, District Surajpur (C.G.)
                                                       ... Respondent(s)

For Appellant(s) : Shri Anil Gulati, Advocate For Respondent/State : Ms. Lakshmin Kashyap, PL

(Hon'ble Shri Justice Arvind Kumar Verma)

Judgment on Board

20/03/2025

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 25.01.2025 passed

by the Special Judge (Atrocities), Surajpur, District Surajpur in

connection with Crime No. 13/2024 registered at police station AJAK,

Surajpur, District Surajpur (CG) for the offence punishable under

Sections 64,332 of BNS and Section 3 (2)(v) of the SC/ST (Prevention

of Atrocities) Act 1989.

2. Case of the prosecution in brief is that FIR was lodged by the

prosecutrix alleging in it that on 28.11.2024 at about 12.00 pm. appellant

came to her house and asked for charging the mobile and when she

was cleaning the house, he came from behind, caught hold of her and

committed sexual intercourse with her. When the husband of the

prosecutrix came, she narrated the incident to him and thereafter FIR

was registered against the appellant and was arrested.

3. Learned counsel for the appellant would submit that there was

affair between the appellant and the victim and the husband saw the

appellant leaving the room when he came from outside and therefore a

false report was lodged. He further submits that there was no external

or internal injuries found on the person of the proscutrix and that she is

aged about 24 years, married lady. He submits that the charge sheet

has been filed, the appellant is in jail since 02.12.2024 and the trial will

take sometime to conclude, therefore he would pray for grant of bail to

the appellant.

4. On the other hand, counsel for the State opposes the bail

application.

5. The victim appeared through video conferencing from the

concerned DLSA and has raised objection.

6. Heard counsel for the parties and considering the fact that the

prosecutrix was major and further looking to the fact that the charge

sheet has been filed and the appellant is in jail since 2.12.2024, this

Court is of the considered opinion that present is a fit case to grant bail

to the appellant. Accordingly, the appeal is allowed.

7. It is directed that in the event of the appellant executing a

personal bond for a sum of Rs. 10,000/- with one local surety in the like

sum to the satisfaction of the trial court, he shall be released on bail

subject to the following conditions:

i) That the appellant shall furnish a specific undertaking that while on bail, he will not commit any such offence, otherwise bail granted to him shall be liable to be cancelled and shall co-operate the prosecution during trial.

ii) that the accused/appellant 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 him/her from disclosing such facts to the Court or to any police officer.

iii) That the accused/appellant shall not act, in any manner, which will be prejudicial to fair and expeditious trial.

Sd/-

(Arvind Kumar Verma) Judge