1 2025:CGHC:77 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 2094 of 2024 1 - Bhavani Singh Naruka S/o Mahendra Singh Aged About 24 Years R/o Ward No. 03 Jogliya Churu Police Station Chhapar Distrit- Churu, Rajisthan. ... Appellant (s) versus 1 - State Of Chhattisgarh Through Police Station Gandhi Nagar, District- Surguja, Chhattisgarh. ... Respondent(s) For Appellant(s) : Ms. Madhunisha Singh, Advocate. For the State : Ms. Priya Sharma, Panel Lawyer. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 02/01/2025 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. 495/2024 registered at Police Station Gandhi Nagar, District Surguja (C.G.) for an offence punishable under Sections 69, 351(2) of BNS and Sections 3 (1) (W-ii) and 3(2)(v) of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2. Case of the prosecution is that according to the complaint filed by the victim and her statement recorded, the accused Bhavani Singh Naruka NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE 2 came to live about a year ago in Chali Line behind the house where she has been living in a rented house for the last eight years. This accused got the mobile number of the victim from somewhere and started calling her and saying that he likes her. After that, this accused started coming to the victim's room and on 11-09-2023, he came to her room in the evening and started having physical relations with her. When the victim refused to do it, the accused started saying that he would marry her and never leave her, swearing on his parents. The victim got into the words of this accused and after that this accused had physical relations with her. After that this accused kept coming to the victim's room and kept having physical relations. Whenever the victim talked about marriage with this accused, he kept postponing it for some time. The victim has lodged a report of this incident on 24-08-2024. That is, as per her statement, on 22-08- 2024, the accused switched off his phone and his father called her and refused to let them get married, then a day after that this report was lodged Based upon the above discussed complaint, the subject FIR came be registered wherein, as on day, investigation is going on. 3. Learned counsel for the appellant submits that the victim and the appellant lived together as husband and wife with mutual consent and the victim is also carrying four months’ pregnancy. The allegation against the appellant is baseless. He is in jail since 02/10/2024. Thus, learned counsel prays for release of the appellant on bail. 4. The victim appeared before this Court through video conferencing from the concerned District Legal Services Committee. The victim has submitted that she has no objection if the appellant is granted bail. She further contended that she has already solemnized marriage with 3 the appellant but appellant on 22/08/2024 without informing victim switched off his phone, therefore, she had lodged a report. 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, age of the victim, charge-sheet has been filed, nature of allegations and the fact that the appellant is in jail since 02/10/2024, 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 Bhavani Singh Naruka 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 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/- (Arvind Kumar Verma) JUDGE Kamde