1 2025:CGHC:16087 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 564 of 2025 1 - A Shrinivas Rao S/o A. Venketeshwar Rao Aged About 51 Years R/o Nayamunda Ward, Jagdalpur, District Bastar, Chhattisgarh ... Appellant versus 1 - State Of Chhattisgarh Through The Police Station - Kodenar, District Bastar, Chhattisgarh ... Respondent(s) For appellant : Mr. Manish Nigam, Advocate For Respondent(s) : Mr. Karan Kumar Bahrani, Panel Lawyer S.B.: Hon'ble Shri Ravindra Kumar Agrawal, Judge Order On Board 04/04/2025 1. The present is a Criminal Appeal under Section 14 (A)(2) of Scheduled Caste and Scheduled Tribes (Prevention of Attrocities) Act, 1989, against the order dated 12.02.2025 passed by learned Special Judge (Attrocities), Placed- Baster in Special Sessions Case No. 2/2025 whereby the regular bail application of the applicant has been rejected. 2 2. Pursuant to the order dated 19.03.2025, the complainant/ victim appeared through virtual mode from DLSA Jagdalpur and submitted that she has no objection in granting bail to the appellant. Her objection is taken on record. 3. The brief facts of the case are that on 13.12.2024 the victim lodged report against the appellant that on 01.12.2024 when she was suffering from fever and her brother and sister-in-law taken her to the appellant, who was practicing as physician at Village- Dilmili, after preliminary check up he advised the process of treatment and called her on 03.12.2024. On 04.12.2024 they had a talk with the appellant and on his call when they reached to his clinic at about 7 PM for her treatment, he took her inside the room and kept her brother and sister-in-law outside of the room and thereafter committed rape upon her, after gagging her mouth. He also injected some medicine to her. Due to fear and ashame, she could not disclose the incident to her brother and sister-in-law. When the appellant again call her after about three days she denied to go there and disclosed the entire incident to her brother and sister-in- law. On 09.12.2024, the present appellant requested her brother and sister-in-law to get the matter compromise and asked them not to disclose the incident to anyone. 4. On the said report made by the victim, the FIR has been registered against the appellant for the offence under Section 64 of B.N.S. 2023. The victim was sent for her medical examination, statement of the victim as well as other witnesses have been recorded and the appellant has been arrested on 17.12.2024 and charge-sheet has been filed. 5. Learned counsel for the appellant would submit that the appellant has falsely been implicated in the offence. The report is politically motivated as the wife of the appellant is an elected president of Janpad Panchayat Darbha in the Panchayat election held in 2020. To keep her away from the election which is to be held in the year 2025, she along with the appellant was being threatened by the members of the rival party for which he made a complaint on 25.11.2024 and 24.12.2024 to the Superintendent of Police, Jagdalpur, that the appellant may roped in any false case. 3 He would also submit that it would not be possible for the appellant to commit rape upon the victim in a manner which is alleged against him particularly when her brother and sister-in-law is present outside of the room. The alleged incident is of 03.12.2024 whereas the report has been lodged on 13.12.2024 and there is no proper explanation of delay in lodging the report. Immediately after the alleged incident the victim has not informed her brother and sister-in-law about the incident and returned back to the house. In the medical examination of the victim, no injuries have been found on her body and the manner in which the allegation is leveled and developed, the false implication of the appellant itself shows. The appellant is in jail since 17.12.2024, investigation has been completed and charge-sheet has been filed, final adjudication of the case will take its own time, therefore, he may be enlarged on bail by setting aside the order dated 12.02.2025. 6. On the other hand learned counsel for the State vehemently opposes statement made by learned counsel for the appellant and has submitted that the minor victim was sexually exploited by the appellant when she had gone for her treatment. Under his dominating position, he committed rape upon the victim and due to fear and ashame, she could not disclose the incident to her brother and sister-in-law. When she was again called after three days, she denied to go there and informed the incident to her brother and sister in law. The appellant have also requested to the brother and sister-in-law of the victim for compromise and not to disclose the incident to anyone. He would also submit that the appellant was well aquatinted with her brother and sister-in-law and knows that she belongs to Scheduled Caste Community in despite that he knowingly committed the offence of rape. Therefore, he is not entitled for bail. 7. I have heard learned counsel for the parties and perused the document annexed with the petition and case diary. 8. Though, the appellant has filed the document Annexure-A3 along with the appeal which is the complaint made to the Superintendent of Police, Jagdalpur, Dist- Baster, 4 dated 25.11.2024, made by the wife of the appellant regarding threatening given to her by the opposite political party to keep her away from the election but it reflects that the wife of the appellant has already been elected as resident of Janpad Panchayat- Darbha in the election of 2020-2025 but there is no person named in this complaint as to who are they who have given threatening to them. From the FIR lodged by the victim and also from her 183 B.N.S.S. statement, it reflects that on the date of incident when she had gone to the clinic of the appellant for her treatment, he took her inside the room, keep her brother and sister-in-law outside of the room, gagged her mouth and committed rape upon her. He also threatened her that he will inject the death niddle if she disclosed the incident to anyone and after three days when the appellant again called her she disclosed the incident to her brother and sister-in-law. From he 181 B.N.S.S. statement it also reflects that the appellant is well aquatinted of the brother and sister-in-law of the victim and he used to visit his house and knows that she belongs to Scheduled Caste Community. From the report and her statement as well as from the statement of her brother, sister-in-law and other witnesses, this Court does not find any connection with the present offence and the complaint made by the wife of the appellant dated 25.11.2024 and 24.12.2024. In the present case, it appears that there is no involvement of any political person and it also does not reflects that FIR lodged by the victim against the appellant is politically motivated. The manner in which the alleged offence is said to have been committed does not allow this Court to release the appellant on bail at this stage. 9. For the foregoing reasons, I do not found to allow the appeal and to release the appellant on bail at this stage. Therefore, his appeal is dismissed. 10. The appellant is at liberty to repeat his prayer for bail after examination of the victim. Sd/- (Ravindra Kumar Agrawal) Judge Sagrika SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.04.17 10:51:39 +0530