Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:7612
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 91 of 2025 1 - Pushkar Kumar Sahu S/o Pawan Sahu Aged About 25 Years R/o Village Shiv Chowk Rudri Police Station Rudri District - Dhamtari (C.G.)
... Appellant (s) versus 1 - State Of Chhattisgarh Through The Station House Officer Of Police Station Civil Line Rudri District - Dhamtari Chhattisgarh
... Respondent(s) For Appellant(s) : Shri Sanjeev Kumar Sahu, Advocate. For the State : Ms. Priya Sharma, Panel Lawyer. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 12/02/2025
1. The present appeal under Section 14-(A) (2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is filed in connection with Crime No. 73/2024 registered at Police Station Rudri, District Dhamtari (C.G.) for an offence punishable under Sections 69, 351(2) of BNS and Section 3(2)(v) of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2. Case of the prosecution is that incident on 08/10/2024 the allegation NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.02.14 14:21:25 +0530
2 against the appellant has committed forcible sexual intercourse with the major girl on the pretext of marriage and after lodging FIR present appellant has been arrested by the Police. 3. Learned counsel for the appellant submits that the appellant and victim worked at same place before two years and love affair between them, the victim MLC was done and the report there is no proper opinion given by the doctor, victim is major and she is consenting party, appellant is in jail since 06/12/2024. Thus, learned counsel prays for release of the appellant on bail. 4. Today, victim appeared before this Court through video conferencing from the concerned DLSA and submitted serious objection with regard to grant of bail to the appellant. Her statement is taken on record. 5. Learned counsel for the State opposes the submissions put-forth by the appellant and on her behalf. 6. Heard the submissions advanced and perused the material available. 7.
Considering the entire facts and circumstances of the case, appellant and victim have affair since five years back from lodging FIR, age of the victim, charge-sheet has been filed, nature of allegations and the fact that the appellant is in jail since 06/12/2024, trial will take more time to conclude the trial, without commenting anything on merits of the case, I am inclined to allow the bail application of the appellant. 8. Accordingly, the bail application is allowed. 9. It is directed that the appellant Pushkar Kumar Sahu shall be released on regular bail, on his furnishing bail bond in the sum of Rs.10,000/- with one surety in the like sum to the satisfaction of the trial Court on the conditions that- a) He shall appear before the trial Court regularly on each and every
3 date to be given to him, unless exempted from appearance. b) He shall not, in any manner, tamper with the prosecution witnesses. c) If he is found involved in similar offence in future, it will be open for the State to apply for cancellation of his bail. Certified copy as per rules. Sd/-Sd/-
(Arvind Kumar Verma)
JUDGE Kamde