1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 2120 of 2024 1 - Amar Singh Patel S/o Ramprasad Patel Aged About 33 Years R/o Parreguda, Thana Balod, District Balod, C.G. Present Address Government Higher Secondary School, Saknapalli, Thana Bhopalpatnam, District Beejapur, C.G. ... Appellant(s) versus 1 - State Of Chhattisgarh Through P.S. Bhopalpatnam, District Beejapur, C.G. ... Respondent(s) For Appellant(s) : Shri Vikas Kumar Pandey, Advocate. For the State : Shri Pranjal Shukla, Panel Lawyer. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 07/01/2025 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. 28/2024 registered at Police Station Bhopalpatnam, District Beejapur (C.G.) for an offence punishable under Sections 376(2)(n), 323 of I.P.C., 64(2) (ड) and 69, 81, 82(2), 83 of B.N.S.Act and 3(2)(v) of the Scheduled Castes & the Scheduled NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.01.09 10:42:21 +0530 2 Tribes (Prevention of Atrocities) Act, 1989. 2. Case of the prosecution is that after the victim got introduced to the accused/appellant on 28/01/2023, accused kept having physical relations with her by alluring her with the promise of marriage and assuring her to keep him as his wife. And in August 2024, he put vermilion on her head in Bhadrakali temple and in September 2024, he had physical relations with her in Danteshwari temple by pretending to marry her and beat her up saying that he cannot keep the victim in his government residence. On the basis of the written complaint of the victim, a case under Sections 376 (2) (n), 323 Indian Penal Code was registered against the accused in Bhopalpatnam police station under Crime No. 28/2024 and during the investigation, the investigation is going on by adding the offence under Section 3(2) (V) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. 3. Learned counsel for the appellant submits that the appellant is a government teacher aged about 33 years and the victim is major lady aged about 30 years, victim and appellant was knowing each other since 2018 and physical relation made by the appellant on pretext of marriage, charge-sheet has been filed, appellant is in jail since 20/09/2024. 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 made objection for grant of bail. The submission of the victim is taken on record. 5. Learned counsel for the State opposes the submissions put-forth by the appellant. 3 6. Heard the submissions advanced and perused the material available. 7. Considering the entire facts and circumstances of the case, looking to the age of the victim who is aged 30 years, victim and appellant was knowing each other since 2018 and the physical relation made by the appellant on pretext of marriage, appellant is in jail since 20/09/2024, investigation has been completed and charge-sheet has been filed before the trial Court, prosecution has not shown any act of the accused to temper the witness, 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 Amar Singh Patel shall be released on regular bail, on his furnishing bail bond in the sum of Rs.10,000/- with two sureties 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