Dinesh Dewangan vs State Of Chhattisgarh

The accused/appellant has filed this appeal under Section 14 (A) (2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short the “SC/ST Act”) for grant of anticipatory bail in connection with Crime No.35/2022 registered at Police Station Nagarnar, District Bastar for the offence punishable under Section 376 IPC and Section 3 (2) (v) of the SC/ST Act.

Prosecution case, in nutshell, is that the prosecutrix and the appellant were in love affair since 2012. It is alleged that the appellant on the pretext of marriage sexually exploited the prosecutrix since 7th June, 2015 and thereafter refused to marry her and now developed relation with another woman and also kept her in his house. All this, led to lodging of FIR under the aforesaid sections.

Learned counsel for the appellant submits that the prosecutrix being a major and educated lady was a consenting party therefore, it cannot be said that any sexual activity was done against her will or without her consent. Prosecutrix was in love affair for about 7-8 years therefore, the ingredients of offence under the SC/ST Act are notattracted in any manner. Therefore, considering all these aspects, if the appellant may be granted anticipatory bail, he would abide all terms and conditions imposed on him.

Per contra, learned State counsel puts forth his vehement opposition to the prayer for bail and submits that there is bar under Section 18 and 18-A of the SC/ST Act therefore, this appeal is liable to be rejected. Today the prosecutrix along with her mother appeared through concerned DLSA and opposes the bail application.

Having considered the submission of parties, facts and circumstances of the case particularly, considering that prosecutrix and appellant were having relationship for a long period of time which prima facice appears to be consensual, and taking into consideration the judgment in the case of Sonu alias  Subhash Kumar Vs. State of UP and anr reported in 2021 SCC Online SC 181, this Court is of the view that the accused/appellant can be granted anticipatory bail.

Accordingly, the appeal is allowed and it is directed that in the event of arrest of the appellant, on his furnishing a personal bond in the sum of Rs.25,000/- with one  surety  for the like  sum  to the satisfaction of the arresting Officer, he shall be released on anticipatory bail on the following conditions:-

(a) he shall make himself available for interrogation by a police officer as and when required,

(b) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court or to any police officer,

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

(d) he shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial,

(e) he shall not involve himself in any offence of similar nature in future.

(f) he shall not contact with the prosecutrix in any manner.