1 2025:CGHC:3860 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 2258 of 2024 Sagar Yadav S/o Dayashankar Yadav Aged About 18 Years 05 Months R/o Gattibuda, Ghoidand, Police Out Post - Kardega, District - Jashpur, Chhattisgarh. ... Appellant versus The State Of Chhattisgarh Through Police Station Tapkara Jashpur District - Jashpur (C.G.) --- Respondent For Appellant : Mr. Rishikant Mahobia, Advocate For Respondent-State : Mr. Pranjal Shukla, PL Hon'ble Shri Justice Arvind Kumar Verma Order on Board 22/01/2025 1. In compliance of Court’s order dated 07.01.2025, today victim is appeared before this Court through video conferencing from the DLSA- Jashpur. On being asked, she raised objection to release the appellant on bail. 2. This appeal under Section 14-A(2) of the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989, (for short, 'Act of 1989') is filed against impugned rejection order dated 21.10.2024 passed by learned Special Judge, under Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989, Jashpur, District Jashpur (CG) in Special Case No.20/2024, whereby appellant's application filed under Section 483 of 2 the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of bail is rejected. 3. Appellant is in jail since 19.09.2024 in connection with Crime No.84/2024 registered at Police Station – Tapkara, District Jashpur, Chhattisgarh, for the offence punishable under Sections 64(1), 75, 78, 87, 351(2) of the BNS, 2023 and Sections 3(1)(b-i), 3(2-v) of the SC/ST (Prevention of Atrocities) Act, 1989. 4. Case of prosecution, in brief, is that on 25.07.2024, the victim/complainant has lodged written report stating that on 14.07.2024 at about 10:30 PM, the appellant came into her house, knocked the door when the victim has opened the door the the appellant has taken her by pulling nearby Mahuwa tree where he has committed rape upon her while dragging her mouth on the point of knife. Thereafter, he fled away from the spot. Hence, FIR has been registered. 5. Learned counsel for appellant submits that appellant has been falsely implicated in this case, he has not committed any offence as alleged against him. He further submits that the complainant is a major lady and she is the consenting party. There is delay in lodging of FIR as per prosecution story, incident has taken place on 14.07.2024, however, report has been lodged on 25.07.2024. The reasons for delay in lodging of FIR was after consultation with the family members which shows that the appellant has been falsely implicated in this case. Appellant is in jail since 19.09.2024, conclusion of trial may take time, hence, appellant may be released on bail. 3 6. Learned State Counsel opposes the submission made by learned counsel for the appellant. 7. Heard counsel for respective parties. 8. Considering entire facts and circumstances of case, nature of allegations and submission of counsel for the parties, further considering the allegation made against the appellant that on the date of incident, the appellant came into house of the victim and knocked the door when the victim has opened the door the the appellant has taken her by pulling nearby Mahuwa tree where he has committed rape upon her while dragging her mouth on the point of knife. Thereafter, he fled away from the spot. 9. Accordingly, the bail application of the applicant filed under Section 14-A(2) of the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989, in connection with Crime No.84/2024 registered at Police Station – Tapkara, District Jashpur, Chhattisgarh, for the offence punishable under Sections 64(1), 75, 78, 87, 351(2) of the BNS, 2023 and Sections 3(1)(b-i), 3(2-v) of the SC/ST (Prevention of Atrocities) Act, 1989, is rejected. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) Judge Vasant