Bedu Karsh vs State Of Chhattisgarh

The appeal under Section 14-A of the Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act, (hereinafter referred to as “Special Act”) has been filed against the order dated 26.08.2022 passed by Learned Special Judge (FTC), Janjgir, District janjgir-Champa, CG rejecting the application u/s 439 Cr.PC in connection with the Crime No. 130/2022 registered at Police Station Dabhara, District Janjgir-Champa, CG for the offence punishable under Sections 376, 376(2)(n) of IPC and Sections 3 (2)(V-A) of SC/ST Act (Prevention of Atrocities) Act.

Case of the prosecution, in brief, is that when the husband of the complainant went out of the village for earning money the appellant came to her house and assuring her to provide work in Jammu Kashmir, he committed forcibly intercourse with the complainant. Thereafter, the police has lodged FIR against the present appellant.

Counsel for the appellant submits that the appellant is innocent and has been implicated in a false case. He submits that the victim is aged about 30 years and she along with her husband gone out of the village to earn their likelihood for a considerable period of time. Thereafter when they came back, report was lodged that too after considerable period of delay. The medical evidence does not support the case of the prosecution, investigation is complete and charge-sheet has already been filed. He further submits that the appellant is in jail since 30.05.2022 and no custodial interrogation is necessary, the trial is likely to take sometime therefore, appellant may be enlarged on bail.

State counsel opposes the application and submits that looking to the seriousness of the allegations made against the present appellant, he is not entitled for bail.

On 16.01.2023 victim along with her husband appeared in a Camera Proceeding and raised ‘Serious Objection’ with regard to grant of bail to the appellant.

After hearing counsel for the parties, considering the facts and circumstances of the case, considering the nature of allegation; detention period; trial is likely to take sometime; appellant is in jail since 30.05.2022, I am inclined to allow the appeal of the appellant.

Accordingly, the appeal is allowed and the impugned order set aside and it is directed that on appellant shall be released on bail on furnishing a personal bond in the sum of Rs. 25,000/- with one solvent surety for the like amount to the satisfaction of the concerned trial Court on the condition that :-

a) He shall appear before the trial Court regularly on each and every date, unless exempted from appearance.

b) He shall not make any attempt to tamper with the prosecution witnesses.

The observations made hereinabove is only for the purpose of deciding the bail application and the trial will decide the case on its own merit without being influenced by any observation made hereinabove.

All the pending application are disposed of. Certified copy as per rules.