1 2025:CGHC:26792 HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 674 of 2025 Mithlesh Kumar Sahu S/o Late Lalaram Sahu Aged About 42 Years R/o Village and Post Haldi, Police Station Gunderdehi, District Balod, Chhattisgarh … Appellant versus State of Chhattisgarh Through Station House Officer, Police Station Gunderdehi, District Balod Chhattisgarh ... Respondent For the appellant : Mr. T.K. Jha, Advocate with Mr. Jitendra Chandrakar and Mr. Sanjay Sahu, Advocates For the State : Ms. Sunita Manikpuri, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 23/06/2025 1. This appeal is under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for grant of bail to the appellant as he is arrested in Crime No. 52/2025 registered at P.S. Gunderdehi, District Balod (C.G) for the offence punishable under Sections 69, 115(2) of BNS & Section 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. A ANNAJEE RAO Digitally signed by A ANNAJEE RAO Date: 2025.06.24 17:29:57 +0530 2 2. By impugned order dated 19.03.2025 passed by the learned Special Judge (SC/ST Act) Balod, the application filed by the applicant for grant of regular bail has been rejected, which has been challenged in this appeal. 3. The prosecution case, in brief, is that on 14.03.2025 the victim lodged a report to the effect that in the year 2018, applicant Mithelesh Kumar Sahu joined the Government Primary School Bhusrenga and in the year 2023, both of them got acquainted with each other and love affairs developed between them. It is alleged that accused took Rs.8 lakhs from her on the pretex of marriage and his loan is still being paid by her. On 10th May, 2024, the accused took the applicant to his house situated in village Haldi and made her stay in his room where he took her into confidence by saying that he will marry her and considering her to be his wife, had established physical relations with her. When the complainant asked him to marry her, he became angry and beat her. On which a crime was registered and investigation was taken up. 4. Learned counsel for the appellant submits that the complainant was aged about 37 years and the applicant and complainant are government teachers and because of such affairs, both were suspended and reinstated in service. He refers to the affidavit (Annexure A-2) and submits that the applicant and victim performed marriage on 02.07.2023 and were residing together as wife and husband. He submits that before the marriage, consent was obtained from the first wife and knowing fully well about his marital status, the complainant performed marriage with the applicant, therefore, no offence is made out against the appellant. He submits that the appellant is in jail since 15.03.2025 and there is no immediate possibility of disposal of trial and charge sheet has been filed and looking to his custody period, he may be enlarged on bail. 3 5. Per contra, learned State Counsel opposes the prayer for grant of bail and submits that the applicant was already married and without informing the victim about the fact of his first marriage, he committed sexual intercourse with her on the false pretext of marriage. 6. On 05.05.2025, the victim has appeared through VC and raised objection for granting bail to the applicant. 7. I have heard learned counsel appearing for the parties and perused the documents available on record. 8. Considering the fact that the charge sheet has been filed in this case, the appellant is in jail since 15.03.2025 and the trial is likely to take time and further looking to the status of the appellant and complainant, without further commenting upon the merits of the case, this Court is inclined to release the appellant on bail. 9. Accordingly, this appeal is allowed and the impugned order dated 19.03.2025 passed by the Trial Court is set aside. 10. It is directed that the appellant shall be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court for his appearance before the said Court as and when directed. Cc as per rules. Sd/- (Sanjay Kumar Jaiswal) Judge Rao