1 2025:CGHC:24910 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 830 of 2025 1 - Md. Islam S/o Md. Khaleem Aged About 35 Years R/o Village- Fokatpara, Kunjnagar, P.S.- Vishrampur Dist Surajpur C.G, Permanent R/o Chachikpur, P.S Ahiroli, Dist Ambedkarnagar (U.P) 2 - Md. Ramjan S/o Md. Khaleel Aged About 60 Years R/o Village- Fokatpara, Kunjnagar, P.S.- Vishrampur Dist Surajpur C.G, Permanent R/o Chachikpur, P.S Ahiroli, Dist Ambedkarnagar (U.P) ... Appellants versus 1 - State of Chhattisgarh Through, Police Station- Vishrampur, Distt- Surajpur (C.G.) ... Respondent(s) For the appellants : Mr. Devashish Biswas, Advocate For the State : Ms. Sunita Sahu, Panel Lawyer (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 17/06/2025 A ANNAJEE RAO Digitally signed by A ANNAJEE RAO Date: 2025.06.18 10:18:07 +0530 2 1. This is an appeal filed under section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for grant of bail to the appellants who have been arrested in Crime No.41/2025 registered at Police Station Vishrampur, District Surajpur (C.G) for the offence punishable under sections 331(4), 70(1) of Bharatiya Nyaya Sanhita and Section 3(2)5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2. By impugned order dated 05.04.2025 passed in Special Sessions Case No. 09/2025 , the learned Special Judge (Atrocities Act) Surajpur, District Surajpur has rejected the bail application filed by the present appellants. Hence this appeal. 3. The prosecution case, in brief, is that on 06.02.2025 the prosecutrix lodged a written report to the effect that her husband went to Chelka Baikunthpur for some work and when she was cooking food at her house, her neighbor Gulam Kadir along-with one person Thuthuwa came and asked about her husband and she replied that he has gone to his village and thereafter they went back. During midnight when the prosecutrix went out to do Gurakhu, at that time, accused Gulam Kadir, Afsal Ali alias Thuthuwa along with three other persons whom she can recognize came and pushed her into the house and tied her to the bed (Khatia) and caught hold of her hands, legs and neck and committed forceful sexual intercourse with her repeatedly and ran-away, thereafter, the disclosed the incident to her brother in law. 4. Learned counsel for the appellants submit that the prosecutrix is a major and married lady aged about 34 years and before the trial Court 3 she has not objected to grant bail to the appellants. He further submits that in the affidavit filed by her, she had categorically stated that the above named appellants have not committed any offence with her and she has not raised any objection to grant of bail, however, the affidavit was not considered by the learned Trial Court and their bail application has been rejected. He further submits that thereafter, the prosecutrix has been examined before the trial Court wherein she has not mentioned the names of the present applicants as accused. He further submits that presently out of 18 witnesses, only one has been examined and the appellants are in jail since 06.02.2025 and there is no immediate possibility of conclusion of trial, therefore, the appellants may be enlarged on bail by allowing this appeal. 5. Per contra, learned State Counsel opposes the bail application. However, she does not dispute the fact that the victim has been examined and she has not stated anything against the appellants. 6. The victim along with her husband has appeared through VC from the concerned DLSA, Surajpur and stated that she has no objection to grant bail. 7. Having considered the submissions made by learned counsel for the parties and the fact that the victim has been examined and she has not mentioned the names of the present applicants as accused and the disposal of trial is likely to take time, without commenting upon merits of the case, I am inclined to release the appellants on bail by allowing this appeal. 8. Accordingly, the appeal is allowed and the impugned order dated 4 05.04.2025 is set aside. 09. It is directed that the appellants shall be released on bail on each of them furnishing a personal bond in sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the trial Court for their appearance before the said Court as and when directed. Cc as per rules. Sd/- (Sanjay Kumar Jaiswal) Judge R a o