1 2025:CGHC:23077 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 773 of 2025 1 - Ajay Yadav S/o Rajkumar Yadav Aged About 25 Years R/o Nilkanthpur Ps Ramchandrapur District - Balrampur-Ramanujganj Chhattisgarh ... Appellant versus 1 - State Of Chhattisgarh Through The Police Station Ramchandrapur District - Balrampur-Ramanujganj Chhattisgarh ... Respondent For the appellant : Mr. Hariom Rai, Advocate For Respondent : Ms. Vaishali Mahilang, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 11/06/2025 1. This appeal is filed under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for grant of regular bail to the appellant as he is arrested in Crime No. A ANNAJEE RAO Digitally signed by A ANNAJEE RAO 2 25/2024 registered at P.S. Ramchandrapur for the offence punishable under Sections 450, 506(b), 376, 376(2)(n) of IPC and Section 3(2)(v) of the Act, 1989. 2. By impugned order dated 11.03.2025 passed by the learned trial Court Balrampur-Ramanujganj in Special Trial (Atrocities) No. 16/2024 (State of Chhattisgarh Vs. Ajay Yadav), 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 14.06.2024 the present applicant has entered into the house of prosecutrix and committed rape on her by threatening to her life thereby offence has been committed. 4. Learned counsel for the appellant submits that the prosecutrix is a widow lady of aged about 35 years having two children of 17 years and 14 years and she was a consenting party. He refers to the statement of prosecutrix especially paras 32, 34 & 35 of cross-examination and submits that there was illicit relationship between the prosecutrix and the appellant, therefore, no offence is made against the appellant. He submits that the appellant is in jail since 23.06.2024 and looking to his custody period, he may be enlarged on bail. 5. Per contra, learned State Counsel opposes the prayer for grant of bail and supports the order of the trial Court. 6. The victim has appeared through VC and stated that she does not have objection for grant of bail to the appellant. 7. I have heard learned counsel appearing for the parties and perused the documents available on record. 3 8. Considering the circumstances of the case and the fact that the prosecutrix is a widow lady aged about 35 years having two grown-up children as also considering the fact that the statement of victim was recorded wherein she admits the relationship between her and the appellant for a considerable period and further looking to the custody period of the appellant and since there is no immediate possibility of disposal of trial, 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 11.03.2025 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