2025:CGHC:16057 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 565 of 2025 Dipak Marar S/o Jagdeesh Marar Aged About 20 Years R/o Viii Khapri, P.S. Pachpedi, District- Bilaspur, Chhattisgarh. ... Appellant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station Hasod, District Sakti, Chhattisgarh. ...Respondent (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Appellant : Shri Rohan Sharma, Advocate For Respondent/State : Ms Sunita Manikpuri, Dy GA ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 04.04.2025 1. Pursuant to order dated 19.03.2025, victim appeared through virtual mode from the DLSA Janjgir-Champa, and would submit that she has no objection in granting bail to the appellant. Her submission has been taken on record. 2. Present appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short, ‘SC/ST Act’) has been field by the appellant against the order dated 11.11.2024 passed by the learned Special Judge (Atrocities), District-Janjgir-Champa, CG, in Special Sessions Case-40 of 2022, whereby the appellant has been charged for Digitally signed by V PADMAVATHI Date: 2025.04.07 14:42:25 +0530 Cra 565 of 2025 2 commission of offence under Section 376(2)(n) of the IPC and Section 3(2)(v) of the SC/ST Act. 3. Case of the prosecution in brief is that on 02.08.2024, victim/complainant lodged a written complaint to the Police that she was sexually exploited by the appellant since 19.04.2024 on the pretext of marriage, by which she conceived pregnancy, she along with the appellant had gone to Mathura Brindavan and resided there and earned their livelihood. Since some altercation took place between them, and the appellant returned back to his village, and thereafter, the victim called her father and came back to her village, and lodged report. Police registered the offence under Section 376(2) of the IPC, and Section 3(2) (v) of the SC/ST Act. Appellant is in jail since 23.08.2024. 4. Learned counsel for the appellant would submit that the victim was a major girl, aged about 20 years. There is love affaire between them, she herself eloped with the appellant and resided at Mathura Brindavan. While residing there, they made physical relation by which the victim conceived pregnancy, and ultimately, delivered a child. The appellant still wants to keep her with him as wife, but her parents, who do not want to permit her to live with the appellant. He would also submit that appellant admitted that the victim has conceived pregnancy from his side, and the child born is his child. He is ready to take care of the victim, as well as the child. He is in jail since 23.08.2024, and final adjudication of the case will take its own time. Therefore, appellant may be enlarged on bail. 5. On the other hand, learned State counsel opposes the submission made by the learned counsel for the appellant and would submit that there is Cra 565 of 2025 3 sufficient material against the appellant that he sexually exploited the victim, therefore, he is not entitled for bail. 6. Heard learned counsel for the parties and perused the documents. 7. Considering the submissions made by learned counsel for the parties, material collected during the investigation, nature of allegation, and further considering that the victim is a major girl, both of them resided together at Mathura Brindavan, and beyond that, the appellant is owing responsibility of the child, and ready to keep the victim with him as wife, this Court is of the opinion that the appellant is entitled for release on bail. 8. Accordingly, the appeal filed by the appellant- Dipak Marar, s/o Jagdeesh Marar is allowed and the impugned order dated 11.11.2024 passed by the learned trial Court in Special Case-40 of 2024 is set aside, and the appellant is directed to be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. The appellant shall also abide by the following conditions: a) that the 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 tot he Court; b) that the appellant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and c) that the appellant shall appear before the trial Court on each and every date given to him by he said Court till disposal of Cra 565 of 2025 4 the trial unless his personal presence is exempted by the trial Court. 9. It is made clear that any observation made in this order is restricted only for consideration of the present appeal. The learned trial Court shall decide the case on its own merits without being influenced by any observation made in this order. Certified copy as per rules. Sd/- (Ravindra Kumar Agrawal) JUDGE padma