Ajay @ Ajay Yadav vs State Of Chhattisgarh

This appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short the “SC/ST Act”) has been filed by the accused/appellant for grant of regular bail in connection with Crime No.349/2021 registered at Police Station Urga, District Korba for the offence punishable under Section 376 of IPC and Section 3 (2) (v) of the SC/ST Act.

Prosecution case, in brief, is that prosecutrix is residing along with her brother at Village Dhitori and studied up-to 12th Class. It is alleged that the prosecutrix and applicant were came into contact in the year 2021 during the dance program in Village Durga Festival. After sometime, the appellant requested for mobile number to the prosecutrix. Thereafter, they started talking each other and the appellant also given proposal for the marriage, however, prosecutrix denied for the same. Thereafter on 27.02.2021 the appellant came in the house of the prosecutrix and made physical relationship with her. It is alleged that till 08.08.2021 on several occasions the appellant made physical relationship with the prosecutrix on the pretext of marriage. Thereafter, when the prosecutrix asked to marry her, the appellant refused for the same. On the basis of aforesaid allegation, instant FIR has been lodged.

Learned counsel for the appellant submits that appellant is innocent and falsely implicated in the crime in question. He also submits that prosecutrix and appellant were in relationship for several months and the FIR was lodged very belatedly. He further submits that the prosecutrix is grown up girl and she was very well know about the right and wrong. He also submits that prosecutrix has been examined and not supported the case of the prosecution. He also submits that prosecutrix herself given an affidavit for no objection in respect of bail application during the hearing of the bail application before the trial Court, however, learned Special Judge has rejected the bail application, which is not justifiable. Therefore, the appellant may be enlarged on bail.

Per contra, learned State counsel opposes the bail application. It is pertinent to mention here that, on 13.01.2023 prosecutrix appeared before the co-ordinate Bench of this Court through VC from concerned DLSA and stated no objection in respect of the bail application.

Having considered the submission of learned counsel for the parties, further considering the facts and circumstances the case, particularly, considering the statement of the prosecutrix and considering that she has stated no objection before this Court on 13.01.2023, I am inclined to release the appellant on bail.

Accordingly, the appeal is allowed and it is directed that on appellant’s furnishing a personal bond in the sum of Rs.10,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail on the following conditions:-

(a) He shall not act in any manner which will be prejudicial to fair and expeditious trial,

(b) He shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial,

(c) He shall not involve himself in any offence of similar nature in future.