1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 2127 of 2024 1 - Mohammad Ahmed Saifi S/o Late Amanat Saifi Aged About 30 Years R/o Village Mohana Kuli, Post Office And Police Station Chanpatia, District- Betiya, (Bihar), Currently R/o Gram Ropakhar, Camp No. (In House Of Mohammad Sahim Miya Saifi) Polie Station Kamleshwarpur, District- Surguja, Chhattisgarh. ... Appellant(s) versus 1 - State Of Chhattisgarh Through Police Station Kamleshwarpur, District- Surguja, Chhattisgarh. ... Respondent(s) For Appellant(s) : Shri Rishabh Gupta, 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. 71/2024 registered at Police Station Kamleshwarpur, District Surguja (C.G.) for an offence punishable under Sections 376 (2)(n) of IPC and under NARESH KUMAR KAMDE Digitally signed by NARESH KUMAR KAMDE Date: 2025.01.08 11:38:19 +0530 2 Sections 3 (2)(w)(1), 3(2)(v) of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2. Case of the prosecution is that victim was working in the Tibetian Dolma Resort since April 2023 and she use to work all day in resort and use to stay at resort in night time and the accused was also working in the same resort as a carpenter and the victim use to supply breakfast and tea to the accused on daily basis. On 15.01.2024 at about 5:00 PM when the victim offered tea to the accused when he was working in the hotel room, he simply closed the door by saying that he is in love with her and he want to marry her and thereby established sexual relation. When she informed about her pregnancy, the accused switched off his phone and by the time of filing of FIR she was 8 months pregnancy, hence she lodged complaint. 3. Learned counsel for the appellant submits that the age of the victim approximate 20 years and she was having knowledge about the incident, there is inordinate delay in lodging complaint, appellant has falsely implicated in the present case just because of love relationship between the prosecutrix and appellant, victim has already recorded her statement about the love relation between them, therefore, 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. 5. Learned counsel for the State opposes the submissions put-forth 3 by the appellant and on her behalf. 6. Heard the submissions advanced and perused the material available. 7. Looking to the nature of offence particularly that victim is major aged about 20 years and there is affair between victim and appellant on pretext of marriage from 15/01/2024 and FIR was lodged on 13/08/2024, 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 Mohammad Ahmed Saifi 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/-Sd/- (Arvind Kumar Verma) JUDGE Kamde