Kishore Kashyap vs State Of Chhattisgarh

This 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 01.08.2022 passed by Special Judge (SC/ST Act), Janjgir, District – Janjgir Champa, rejecting the application u/s 439 CrPC in connection with the Crime No. 203/2022 registered at Police Station Akaltara, District Janjgir Champa, for the offence punishable under Section 376 IPC and 3 (2-V) of the Special Act.

Case of the prosecution in short is that from 18.11.2021 to 17.02.2022 the applicant committed sexual intercourse with the prosecutrix on the promise of marriage and when she became pregnant he gave certain medicine for abortion.

Counsel for the appellants submits that the appellant is innocent and has been implicated in a false case. He submits that the prosecutrix is a fully grown up woman of more than 27 years of age. He further submits that statement of the prosecutrix it appears that she was a consenting party to the act of the applicant, and there is nothing on record to show that he ever administered any medicines to her for abortion. He further submits that there was relationship between the two from 18.11.2021 to 17.2.2022 and the report was lodged in the month of May 2022, which shows that the prosecutrix was a consenting party. It is submitted that the applicant is in jail since 28.06.2022 and the trial may take some more time for conclusion, therefore, he may be granted bail.

State counsel however supports the order impugned to be just and proper and submits that since the appellant sexually abused the prosecutrix on the promise of marriage and after she conceived, he administered medicines to get the pregnancy terminated, the applicant need not be released on bail.

On 01.09.2022 the prosecutrix also raised objection for bail to the applicant.

After hearing counsel for the parties, considering the facts and circumstances of the case, the fact that at the relevant time the prosecutrix was more than 27 years of age, and that there is delay in lodging the FIR, this Court is of the opinion that it is a fit case to grant bail to the appellant. Accordingly, the appeal is allowed, and it is directed on his furnishing a bond in the sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the concerned Court the applicant shall be released on bail on the following conditions:-

(i) 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 them from disclosing such fact to the Court,

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

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

It is made clear that if any of the aforesaid conditions is violated by the applicant, the State would be free to move for cancellation of bail.