Raigarh, Chhattisgarh v. State Of Chhattisgarh Through Station House Of
Case Details
1 2025:CGHC:2042 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 2249 of 2024 Vijay Kumar Patel S/o Tilakram Patel Aged About 31 Years R/o Village - Botalda P.S. And Tehsil - Kharsiya, District - Raigarh, Chhattisgarh. ... Appellant versus State Of Chhattisgarh Through Station House OfÏcer, Police Station Bhupdeopur Raigarh, District Raigarh, Chhattisgarh. ... Respondent For Appellant For Respondent
Legal Reasoning
: Mr. Sanjay Agrawal, Advocate : Mr. Amit Verma, Panel Lawyer. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN Hon'ble Shri Ramesh Sinha , Chief Justice 13.01.2025 Order on Board 1. The appellant has preferred this Criminal Appeal under Section 14- A(2) of the SC/ST (Prevention of Atrocities) Act, 1989 for setting aside of order dated 12.12.2024 passed by the Special Judge SC/ST Act (Atrocities) Raigarh, District- Raigarh (C.G.) and for grant of anticipatory bail, as he apprehends his arrest in connection with Crime No.95/2024, registered at Police Station- Bhupdeopur Raigarh, District Raigarh (C.G.) for the offence punishable under Sections 376(2)(n) and Section 506 of IPC and Section 3(2)(v) of the ST/SC Act. 2. The case of the prosecution, in brief, is that, the victim is 35 years old married woman, the victim, lodged a written complaint alleging that the 2 appellant, an employee at Police Station Bhupdeopur (bearing ID 441), sexually exploited her under the false pretext of marriage. They were in a physical relationship for four months and in the meanwhile, the victim became pregnant. The appellant then pressured her to undergo an abortion. Furthermore, upon discovering that the appellant was already married, the victim filed a First Information Report (FIR) against him at concerned Police Station, Police registered FIR against the present appellant for offence under Sections 376(2)(n) and 506 of IPC and at the time of filing of the charge-sheet offences under Section 3(2) (v) of the ST/SC Act has been added. Thereafter the appellant had filed anticipatory bail application under Section 482 of BNSS before this Hon'ble Court and this Court has granted anticipatory bail to the present appellant in M.Cr.C (A) No.1343/2024. Later on during the course of investigation the police had collected the evidence with regard to the victim belongs to the Scheduled caste and therefore added under the same crime number offence under Section 3(2) (v) of the Scheduled caste and Scheduled Tribes Act, 1989. Thereafter the appellant apprehended his arrest on account of addition of new offence under Section 3(2) (v) of Scheduled caste and Scheduled Tribes Act, 1989 and applied for grant of anticipatory bail before the court below which was eventually rejected (Annexure A/1). Hence this Appeal. 3. Learned counsel for the appellant submits that the appellant is innocent and he has been falsely implicated in this case. He further submits that the appellant was initially implicated for offence under Section 376(2)(n) and thereafter, he applied before this Court for grant of anticipatory bail and he has been granted anticipatory bail by this 3 Court in MCRCA No. 1343/2024, vide order dated 25.11.2024 and after, filing of the charge-sheet, offence under Section 3(2)(v) of the Schedule Caste and Schedule Tribes Act was added therefore, he applied for grant of anticipatory bail before the trial Court which was eventually rejected. He lastly submits that the appellant has no previous criminal antecedent. Hence, he prays to allow this instant appeal. 4. Learned counsel for the State opposes the bail application and the submissions made by learned counsel for the appellant. 5. The complainant / victim also appeared through video conferencing and opposed the prayer for grant of bail to the appellant. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the appellant, it transpires that the victim is an old married woman aged about 35 years and further they were in a physical relationship for four months and the appellant has already been granted anticipatory bail by this Court in MCRCA No. 1343/2024 vide order dated 25.11.2024 in relation to the offence under Sections 376(2)(n) and 506 of IPC and the offences relating to the Atrocities Act has later been added in the charge sheet, and further that he has no previous criminal antecedent, though the charge-sheet has been filed, but conclusion of the trial is likely to take some time, the order dated 12.12.2024 passed by the learned Special Judge SC/ST Act (Atrocities) Raigarh in Bail Application No. 982/2024, rejecting the application of the appellant filed under Section 482 of BNSS, is set aside. 7. Accordingly, the instant appeal is allowed and it is directed that in the event of arrest of the appellant – Vijay Kumar Patel, on executing a 4 personal bond with one local surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (a) He shall not directly or indirectly make any to any person inducement, acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. or promise threat (b) He shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) He shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) The Applicant and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) He shall not involve himself in any offence of similar nature in future. 8. However, this Court hopes and trust that the trial Court should make an earnest endeavour to conclude the trial as expeditiously as possible preferaby within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and complicance. Sd/- Sd/- (Ramesh Sinha) Chief Justice Kunal