1 025:CGHC:4306 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 44 of 2025 1 - Subhash Rajak S/o Shri Lalaram Rajak Aged About 38 Years R/o Ward No.-2, Tendupara, Devichora Pendra, P.S. Pendra, District Gorella-Pendra- Marwahi (C.G.) ... Appellant(s) versus 1 - State Of Chhattisgarh Through Police Station Gorella, District- Gorella- Pendra-Marwahi (C.G.) ... Respondent(s) For Appellant (s) : Shri Ali Asgar, Advocate. For the State : Shri Karan Bahrani, Panel Lawyer. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 23/01/2025 1. The present appeal under Section 14-(A) (2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is filed in connection with Crime No. 363/2024 registered at Police Station Gorella, District Gorella-Pendra-Marwahi (C.G.) for an offence punishable under Sections 64 (2)(m), 296 and 351 (3) of BNS and Sections 3 (2) (Va) of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, 1989. NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.01.24 17:24:52 +0530 2 2. Case of the prosecution is that the appellant has abused one Monica Kori and exploited her sexually and further threatened for dire consequences. Complainant was made by victim based on which FIR was registered and appellant was apprehended on 04/12/2024. 3. Learned counsel for the appellant submits that there is a physical relationship between victim and appellant since September 2023 to August 2024, charge-sheet has been filed before the Sessions Court, appellant is in jail since 04/12/2024 and there is no previous antecedent against the appellant/accused, age of the victim is 30 years and trial will take more time, Thus, learned counsel prays for release of the appellant on bail. 4. Victim appeared before this Court and raised her objection with regard to granting bail. Her statement is taken on record. 5. Learned counsel for the State opposes the submissions put-forth by the appellant and on her behalf. 6. Heard the submissions advanced and perused the material available. 7. Considering the entire facts and circumstances of the case, records reveals that appellant and victim have affair, looking to the age of the victim and nature of allegation andp the fact that the appellant is in jail since 04/12/2024 and also consider the point that it is evident from the record that mother of the appellant has lodged report against the complainant and another person (Annexure-A/2) and also consider the view that charge-sheet has already been filed before the concerned Court and prosecution has not shown that appellant has tried to tamper of witnesses or evidences, therefore, considering the entire facts and circumstances of the cases, without commenting anything on merits of the case, I am inclined to allow the bail application of the appellant. 3 8. Accordingly, the bail application is allowed. 9. It is directed that the appellant Subhash Rajak shall be released on regular bail, on his furnishing bail bond in the sum of Rs.10,000/- with one surety in the like sum to the satisfaction of the trial Court on the conditions that- a) He shall appear before the trial Court regularly on each and every date to be given to him, unless exempted from appearance. b) He shall not, in any manner, tamper with the prosecution witnesses. c) If he is found involved in similar offence in future, it will be open for the State to apply for cancellation of his bail. Certified copy as per rules. Sd/-Sd/- (Arvind Kumar Verma) JUDGE Kamde