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2025 DAILYLAW 29248 (CHH)

CHITRANGAD KUMAR SAHU v. STATE OF CHHATTISGARH

CRA/1246/2025 · 2025-07-17

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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1 2025:CGHC:34210 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1246 of 2025 1 - Chitrangad Kumar Sahu S/o Deendayal Sahu Aged About 38 Years R/o Arjuni, Police Station - Gunderdehi, District- Balod (C.G.). ... Appellant versus 1 - State Of Chhattisgarh Through - The Station House Officer, Police Of Police Station Arjuni, District- Dhamtari (C.G.) ... Respondent For Appellant : Mr. Anil Gulati, Advocate. For Respondent/State : Ms. Priya Sharma, P.L. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 18/07/2025 1. This appeal is filed under Section 14-A(2) of the SC & ST (Prevention of Atrocities) Act, 1989 for grant of regular bail to the appellant as he is arrested in connection with Crime No. 68/2025 registered at police station Arjuni, District Dhamtari (C.G.) for commission of offence punishable under Sections 69 of BNS and Section 3(2)(v) of SC & ST (Prevention of Atrocities) Act. Digitally signed by HEERA LAL SAHU Date: 2025.07.21 10:13:35 +0530 2 2. As per the case of the prosecution, on 05.05.2025, a report was lodged by the victim alleging therein that from 01.01.2014 to 30.12.2024, on the pretext of marriage, the appellant committed repeatedly sexual intercourse with her. Based on this, offence has been registered against the present appellant. 3. By order dated 11.06.2025 passed by the learned Special Judge in Special Criminal Case (SC/ST Act) No. 10/2025, the bail application filed by the appellant has been rejected against which the appellant has filed this appeal. 4. Learned Counsel appearing for the Appellants submits that the Appellant is innocent and has been falsely implicated in the case. He further submits that the victim is a major unmarried girl, the appellant and the victim remained in a relationship from 01.01.2014 to 30.12.2024, and the relationship which was established between the appellant and the victim is a consensual relationship, and the appellant had no knowledge with regard to the caste of the victim. Prima facie, it is a case of consensual relationship, and since the victim belongs to a particular caste community, she used the Section of Atrocities Act as a weapon against the appellant, which is the abuse of process of law. He lastly submits that charge sheet has been filed, the appellant is in jail since 06.05.2025, and the trial is likely to take considerable time to be finalised, therefore, it is prayed that the appeal may be allowed and the appellant may be released on bail. 5. On the other hand, learned Counsel appearing for the State opposes the bail application and submits that on the false promise of marriage, the appellant committed sexual assault upon the victim for a long time, and the trial has 3 not commenced yet; therefore, at this stage, the Appellant may not be enlarged on bail. 6. The victim, appeared through video conferencing from the concerned DLSA and raised objection to grant bail to the appellant. 7. I have heard learned Counsel appearing for the parties and perused the documents available on record. 8. Considering the totality of the facts and circumstances of the case and also looking to the nature of the offence and the evidence collected by the prosecution against the appellant, further considering that the trial is not commenced yet, without commenting on the merits of the case, at this stage, I am not inclined to release the appellant on bail. 9. Accordingly, the appeal is dismissed. 10.Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Sanjay Kumar Jaiswal) Judge H.L. Sahu