Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 21031 (CHH)

GAJENDRA DAS v. STATE OF CHHATTISGARH

CRA/1034/2024 · 2025-01-13

Shri Arvind Kumar Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:2085 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1034 of 2024 1 - Gajendra Das S/o Jeetu Das Aged About 22 Years R/o Village Podi Post Ketka, Thana Surajpur, District Surajpur (C.G.) ... Appellant versus 1 - State Of Chhattisgarh Through Station House Officer, Sitapur, District Surguja (C.G.) ... Respondent For Petitioner(s) : Shri Syed Mohammed Sohail Afzal, Advocate For Respondent/State : Ms. Prabha Sharma, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 13/01/2025 This appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act (hereinafter referred to as “Special Act”) has been filed against the order dated 06.05.2024 passed by the Special Judge (Atrocities), Ambikapur, District Surguja in connection with 2 Crime No. 142/2022 registered at police station Sitapur, District Surguja (CG) for the offence punishable under Sections 376 (2)(n), 294 & 506, IPC and Section 3 (2)(v) of the SC/ST (Prevention of Atrocities) Act 1989. 2. Case of the prosecution in brief is that between 15.10.2022 to 25.05.2023, the appellant has developed physical relation with her on the pretext of marriage and when she became pregnant, he denied to marry her. Consequently, FIR was registered against the appellants as stated above. 3. Learned counsel for the appellant would submit that the prosecutrix is major. He submits that the prosecutrix was major aged about 24 years, the charge sheet has been filed, the appellant is in jail since 19.03.2024 and therefore he would pray for grant of bail to the appellant. 4. On the other hand, counsel for the State opposes the bail application. 5. The victim appeared through video conferencing and raised objection. 6. Heard counsel for the parties and considering the fact that the prosecutrix was major and further looking to the fact that the charge sheet has been filed and the appellant is in jail since 19.03.2024, this Court is of the considered opinion that present is a fit case to grant bail to the appellant. Accordingly, the appeal is allowed. 7. It is directed that in the event of the appellant executing a personal bond for a sum of Rs. 10,000/- with one local surety in the like sum to the satisfaction of the trial court, he shall be released on bail subject to the following conditions: i) That the appellant shall furnish a specific undertaking that while on bail, he will not commit any such offence, otherwise bail granted to him shall be liable to be cancelled and shall co-operate the prosecution during trial. 3 ii) that the accused/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 to the Court or to any police officer. iii) That the accused/appellant shall not act, in any manner, which will be prejudicial to fair and expeditious trial. Sd/- (Arvind Kumar Verma) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.01.14 07:14:08 -0500