1 2025:CGHC:8361 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1874 of 2024 • Laxminarayan Thakur @ Lucky S/o Shri Ashok Singh Thakur, Aged About 20 Years R/o Village-Joba, P.S.-Tumgao, Tahsil And District- Mahasamund (C.G.) ... Appellant versus • State Of Chhattisgarh Through P.S.-Patewa, Tahsil And District- Mahasamund (C.G.) ... Respondent(s) For Appellant : Mr. Jameel Akhtar Lohani, Advocate For Respondent(s) : Mr. Kalpesh Ruparel, Panel Lawyer Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 18.02.2025 1. The appellant has preferred this bail application under Section 14(A) (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for grant of regular bail, as has been arrested on 03.04.2024 in connection with Crime No. 73/2024, registered at Police Station Patewa, District - Mahasamund (C.G.) for the offence punishable under Sections 376, 376(2)(n) of IPC and Section 3(2)V of the S.T. & S.C. (Prevention of Atrocities) Act, 1989. MANISH YADAV Digitally signed by MANISH YADAV Date: 2025.02.19 16:52:18 +0530 2 2. The prosecution story, in brief, is that the appellant/accused has asked the victim to come to Mungai Dongari with him and has made physical relationship with her on the pretext of marriage and thereafter, continued made physical relationship with her. On the basis of complaint, FIR has been registered and the appellant/accused has been arrested on 12.04.2024. 3. In pursuance of direction given by this Court, victim has appeared before this Court through video conferencing (DLSA) and has raised objection in releasing the applicant on bail and her objection is taken on record. 4. Learned counsel for the appellant would submit that the victim is a major lady more than 18 years, charge-sheet has already been submitted and victim has already been examined. In her cross- examination she has stated that she was in love affair with the accused and he has given her mobile also, the victim has also stated that when there was dispute arisen between them on the pretext of marriage that he has not continued to maintain the relationship, she has lodged a report. She has also admitted that if the accused is ready to keep her with him, she is ready to go with him. The victim was subjected to medical examination wherein the doctor has given no definite opinion regarding sexual assault. 5. On the other hand the learned State counsel opposing the submission made by learned counsel for the applicant and would submit that there is sufficient material available in the case diary with regard to the commission of offence and would pray for rejection of the bail application. 3 6. I have heard learned counsel for the parties and perused the case diary with utmost satisfaction. 7. Considering the fact that the appellant is in jail since 03.04.2024 about 8 months have already been lapsed and also considering the statement of victim and also considering the age of the victim who is a major, I am inclined to enlarge the applicant on bail. 8. Accordingly, bail application filed under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is allowed and appellant is directed to be released on bail on his furnishing a personal bond for a sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the concerned trial court. He shall appear before the trial court on each and every date to be given by the said trial court, till disposal of the trial. Certified copy as per rules. Sd/- (Narendra Kumar Vyas) Judge Manish