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2025 DAILYLAW 36141 (CHH)

PRADEEP KEWAT v. STATE OF CHHATTISGARH

CRA/1666/2024 · 2025-01-06

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:648 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1666 of 2024 1 - Pradeep Kewat S/o Sunder Lal Kewat Aged About 35 Years R/o House No. 2397 Rajeev Nagar Kotara Sultana Bad Bhopal Presently R/o Block No. 23 House No. F 5 Purani Sabri Nagar P.S. Kamal Nagar District Bhopal (M.P.) ... Appellant versus 1 - State Of Chhattisgarh Through Thana In- Charge P.S. City Kotwali District Raigarh (C.G.) ... Respondent(s) For Appellant : Mr. Rajendra Tripathi, Advocate For Respondent(s) : Ms. Vaishali Mahilong, Advocate Hon’ble Shri Justice Arvind Kumar Verma Order on Board 06/01/2025 1. The present appeal is heard finally with the consent of the parties. 2. The present appeal is filed under Section 14-A(2) of Scheduled Caste and Scheduled Tribes (Prevention of Attrocities) Act, 1989 2 against the order dated 09.08.2024 passed by the Court of Special Judge (Attrocities Act), Raigarh, District- Raigarh (C.G.) in Crime No. 376/2024 registered in Thana In-Charge City Kotwali, District- Raigarh (C.G.) offence under Sections 420, 376(2)(n), 509(b), 384 of IPC and under Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989. 3. brief facts of the case are that about three years ago the prosecutrix got acquainted with the accused through Facebook and gradually the accused started taking the prosecutrix under his influence and started taking money by emotionally blackmailing the prosecutrix by narrating his sad stories and poverty. Pretending to be sympathizer, the accused continued to physically and mentally exploit the prosecutrix. On 24.02.2021 and 25.02.2021 the accused insisted the prosecutrix to meet him near Lucky Lodge, Railway Station and established physical relations with the prosecutrix without her consent and fraudulently kept the private photos and videos of the prosecutrix with him, after that the accused came to Raigarh twice and blackmailed the prosecutrix and established physical relations and threatened to defame her by making the photos and videos viral. The accused has taken more than Rs. 1,50,000/- from the prosecutrix by blackmailing her. 4. Learned counsel for the appellant contended that the allegation against the appellant is utterly baseless because there is no direct evidence against the present appellant. There is no eye witness 3 who has seen the appellant was present at the place of incident and beaten the deceased. He further contended that the appellant is have already been in custody for a considerable period of time. 5. Learned State Counsel has opposed the submissions made by the counsel for the appellant and contended that there is material evidence against the appellant. 6. I have heard learned counsel for the parties and perused the record with utmost circumspection. 7. Perusal of record shows that the prosecutrix got acquainted with the accused through Facebook and gradually the accused started taking the prosecutrix under his influence and started taking money by emotionally blackmailing the prosecutrix by narrating his sad stories and poverty. Pretending to be sympathizer, the accused continued to physically and mentally exploit the prosecutrix. On 24.02.2021 and 25.02.2021 the accused insisted the prosecutrix to meet him near Lucky Lodge, Railway Station and established physical relations with the prosecutrix without her consent and fraudulently kept the private photos and videos of the prosecutrix with him, after that the accused came to Raigarh twice and blackmailed the prosecutrix and established physical relations and threatened to defame her by making the photos and videos viral. The accused has taken more than Rs. 1,50,000/- from the prosecutrix by blackmailing her. The learned trial Court has held that the prosecutrix was Oraon and was a member of ST community. 4 8. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that the appellant has threatened the prosecutrix and taken more than Rs. 1,50,000/- from the prosecutrix, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 9. Accordingly, the present CRA of Pradeep Kewat involved in Crime No. 376/2024 registered in Thana In-Charge City Kotwali, District- Raigarh (C.G.) offence under Sections 420, 376(2)(n), 509(b), 384 of IPC and under Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989 is dismissed. 10. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) JUDGE Madhurima