Amrit Saraf vs State Of Chhattisgarh

This appeal under Section 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short the “SC/ ST Act”) has been filed by the accused/appellant for grant of regular bail who has been arrested on 20.01.2023 in connection with Crime No.16/2023 registered at Police Station AJAK, Janjgir, District Janjgir Champa for the offence punishable under Section 376 of the IPC and Section 3 (2) (5) of the SC/ST Act.

Case of the prosecution, in nutshell, is that the prosecutrix who is aged about 19 years lodged a written complaint before the concerned police station alleging that she is studying in Class XII and on 15.09.2022 at about 12 noon the applicant called in her mobile started talking her though they were no acquainted with each other. Thereafter, both started to talk each other through mobile phone. It is alleged that on 03.01.2023 the applicant called the prosecutrix to meet him and thereafter took her to her uncles’ house at Village Baloda where no one was present. Thereafter, the applicant and prosecutrix entered the house and friend of the applicant locked the room from the outside. Thereafter, on the pretext of marriage the applicant made sexual intercourse with the prosecutrix and then drop her to the near bus stand from where she returned to her house. Later on, again appellant called the prosecutrix and made physical relationship with her. However, later on he refused to marry with her. On the basis of aforesaid complaint, FIR was lodged against the appellant.

Learned counsel for the appellant submits that the accused/appellant is innocent and he has been falsely implicated in the crime in question. He further submits that prosecutrix is grown-up and educated girl and she is very well aware about the consequences of their relationship. He further submits that the prosecutrix was in continuous relationship with the applicant therefore, their relationship was completely consensual in nature. He also submits that applicant has not made any promise for marriage and prosecutrix had voluntarily come to meet the applicant in lonely places. He also submits that FIR is delayed by 3 months without any plausible explanation. The applicant is behind the bar since 20.01.2023 and conclusion of the trial is likely to take considerable period, therefore, the applicant may be enlarged on bail.

Per contra, learned State counsel strongly opposes the bail application and submits that impugned order is well merited and learned Special Judge (SC/ST Act) has rightly rejected the bail application of the appellant.

Having considered the submission of learned counsel for the parties, considering the facts and circumstances of the case; considering the quality of evidence; backdrop of the case and period of pretrial detention of the applicant, without commenting anything on merits of the case, I am inclined to release the applicant on bail.

Accordingly, the appeal is allowed and it is directed that on appellant’s furnishing a personal bond in the sum of Rs.25,000/- 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.