Ajay Sahu vs State Of Chhattisgarh

Sanjay Kumar Jaiswal, J

This appeal is filed under Section 14-A(2) of the SC & ST (Prevention of Atrocities) Act, 1989 for grant of regular bail to the appellant as he is arrested in connection with Crime No. 211/2025 registered at police station Kawardha, District Kabirdham (C.G.) for commission of offence punishable under Sections 64(2)(m), 115(2), 351(3) of BNS and Section 3(2)(v), 3(2)(va) of SC & ST (Prevention of Atrocities) Act.

As per the case of the prosecution, the victim lodged a written complaint stating therein that on 23.12.2024 the appellant took her for the first time to the rented house of his friend Dagendra Sahu, who works in Kawardha, near Vandana Garage, at bypass road, Kawardha, where the accused Ajay Sahu, saying that he will marry the victim, forcibly had physical relations with her against her will, and in the evening he left he at thanan Khamariya to go home and went to his home. On 29.03.2025 the accused Ajay Sahu said that both of them would elope and get married and come with preparations, then the victim took clothes, Aadhar card and fifty thousand rupees and boarded a bus and went to Raipur with Ajay Sahu, from where he boarded a bus and wnt to Pune, Maharashtra and there he took her to his friend Ishu’s house, saying that he would marry her in a temple, and kept having physical relations with her. On 09.04.2025, Ajay Sahu brought her to his uncle Girdhar Sahu’s house at Raipur Gudhiyari, stayed there for a week, then took her to a rented house in Sitanagar, where he forcibly had physical relations with her for 15 days, last had physical relations with her on 05.05.2025, and on 06.05.2025 he left her and ran away. Based on this, offence has been registered against the present appellant.

By order dated 02.07.2025 passed by the learned Special Judge in Crime No. 211/2025, the bail application filed by the appellant has been rejected against which the appellant has filed this appeal.

Learned Counsel appearing for the Appellant submits that the Appellant is innocent and has been falsely implicated in the case. He further submits that the prosecutrix was voluntarily involved in a mutual love relationship with the applicant since December, 2024. The prosecutrix is a major lady, and she is a consenting party. He further submits that charge sheet has been filed, the appellant is in jail since 16.06.2025, the other 6 co-accused persons have already been granted bail the the trial Court, and the trial is likely to take considerable time to be finalised; therefore, it is prayed that the appeal may be allowed and the appellant may be released on bail.

On the other hand, learned Counsel appearing for the State opposes the bail application and submits that there is sufficient evidence available on record against the Appellant. The appellant refused to marry the prosecutrix as the prosecutrix belongs to SC/ST caste. Including the present appellant, there is a total of 7 accused persons in this case; trial has not commenced yet; therefore, at this stage, the Appellant may not be enlarged on bail.

The victim along with her counsel is present in person before this Court today and raised her objection in granting bail to the appellant.

I have heard learned Counsel appearing for the parties and perused the documents available on record.

Considering the totality of the facts and circumstances of the case, and also looking to the gravity of the offence and the evidence collected by the prosecution against the appellant, further considering that the victim has also raised objection in granting bail to the appellant and the trial has not commenced yet, at this stage, I am not inclined to release the appellant on bail.

Accordingly, the appeal is dismissed.

10.Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.