1 2025:CGHC:4512 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 1563 of 2024 Altaf Khan @ Anshu S/o Shfeequlla Khan Aged About 25 Years R/o Gram Mohra Yadav Mohalla, Thana Seepat, District Bilaspur Chhattisgarh. ... Appellant versus State Of Chhattisgarh Through Station House Officer, Police Station Civil Line Bilaspur, District Bilaspur, Chhattisgarh. --- Respondent For Appellant : Mr. Amarnath Pandey, Advocate For Respondent-State : Mr. Pranjal Shukla, PL For Objector : Mr. Soumitra Kesharwani, Advocate appears on behalf of Mr. Saumya Sharma, Advocate Hon'ble Shri Justice Arvind Kumar Verma Order on Board 24/01/2025 1. This appeal under Section 14-A(2) of the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989, (for short, 'Act of 1989') is filed against impugned rejection order dated 20.08.2024 passed in Special Case (Atrocities) No.20/2024 by the learned Special Judge Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989, Bilaspur 2 (C.G.), whereby appellant's application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of bail is rejected. 2. Appellant is in jail since 17.04.2024 in connection with Crime No.362/2024 registered at Police Station -Civil Line, Bilaspur (C.G.) for the offence punishable under Sections 376, 377, 294, 323, 506 of IPC and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act. 3. Case of prosecution in brief is that the Complainant made a complaint to the concerned police station with intend that the victim was well knows about the appellant and on 01.01.2021, the appellant was proposed the victim to solemnize marriage and thereafter, he has committed sexual intercourse with her in several times at several places from the years 2021 to 2023. Based upon the complaint, police has registered FIR for commission of offence under Sections 376, 377, 294, 323, 506 of the Indian Penal Code and Section 3(2)(v) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act against the appellant. 4. Learned counsel for appellant submits that appellant has been falsely implicated in this case, he has not committed any offence as alleged against him. He further submits that it is reality that the victim and appellant were working in same place as Salesman in Vestige Network Marketing Company and before the alleged incident, there was dispute arose in between parties in the name of transaction of money of Rs. 2,00,000/-, due to this, complainant has made false complaint against the appellant without any sufficient reasons. The incident took place in the years 2021 and the case is registered in the years 2023, the looking to 3 the facts, there is delayed in lodging the FIR by the complainant in this case, which is very long delay and he was not involved in any kind of crime. Appellant is in jail since 17.04.2024, conclusion of trial may take time, hence, appellant may be released on bail. 5. Learned State Counsel as well as the counsel for the Objector oppose the submission made by learned counsel for the appellant and submits that the order passed by the trial Court is just and proper needs no interference. 6. I have heard counsel for respective parties and perused the record with utmost circumspection. 7. Considering entire facts and circumstances of case, nature of allegations, statement of complainant, submission of counsel for appellant that there was affair between the appellant and the victim and there were in relationship for four years, further considering the fact that as per report of the Cyber Cell, Bilaspur, there is no any objectionable video is recovered from the mobile of the appellant. Looking to the seriousness of crime in question and detention period of appellant, I am inclined to allow this appeal. 8. Accordingly, appeal is allowed. Impugned rejection order dated 20.08.2024 passed by learned Special Judge (Atrocities), Bilaspur, District Bilaspur (CG) is set aside. It is directed that appellant shall be released on regular bail upon his furnishing a bail bond in sum of Rs.10,000/- with two sureties in the like sum to the satisfaction of the Court on the conditions that:- 4 a) Appellant shall appear before trial Court regularly on each and every date, unless exempted from appearance. b) Appellant shall not, in any manner, tamper with the prosecution witnesses. C.C. as per rules. Sd/- (Arvind Kumar Verma) Judge Vasant VASANT KUMAR Digitally signed by VASANT KUMAR