Mukesh Kumar Sahu vs State Of Chhattisgarh

The present appeal is arising out of order dated 26/10/2021 passed by the Special Judge (Atrocities), Koriya in Bail Application No. 270/2021.

The appellant has preferred this appeal under Section 14A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,

1989 (for short 'the Act, 1989') for grant of anticipatory bail under Section 438 of the Cr.P.C. as he apprehends his arrest in connection with Crime

No. 379/2021, registered at Police Station Khadgaon District Koriya (CG) for offence punishable under Section 376, 450, 506 of IPC and Section 3 (2-

5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

As per the prosecution case on 16.09.2021 while the prosecutrix was alone in her house, the appellant came there and enquired about her husband

and thereafter when he came to know that husband is not at home, he forcefully entered the house and committed sexual intercourse with her.

Learned counsel for the appellant submits that the happening of the incident was reported by the prosecutrix which would be evident from the

document istgasa and the report made on 16.09.2021, wherein no allegation of sexual assault was made. He further refers to the the FIR and the

statement which was recorded on 26.09.2021. and submits that initially no allegation of rape was made and subsequently the allegation of rape was

made and the appellant is falsely implicated, therefore, the appellant may be enlarged on bail.

Per contra, learned State counsel opposes the prayer for grant of bail and submits that in the initial statement which is recorded on 26.09.2021, no

allegation of rape was made because of shame but subsequently report was made on 11.10.2021 and statement was recorded wherein allegations of

sexual assault was made.

Heard learned counsel for the parties.

Perused the documents attached with the application which would show that initially a report was made which is registered in istgasa about date of

incident to be shown as 13.08.2021. A report was made on 26.09.2021 wherein no cognizable offence was reported and case was registered under

Sections 151, 107 and 116 (3) of Cr.P.C. Subsequently, statement was made on 26.09.2021, wherein no allegation of sexual assault is made and only

factum of abuse and gazing with ill motive has been shown, thereafter, the applicant was released on personal bond of Rs. 5,000/-. It appears that for

the same incident, another report is made wherein allegation of rape is alleged which was not disclosed earlier. The allegation of rape pertains to the

earlier date on which a different report was made, therefore, prima facie, the series of facts would show that exaggerated allegation might have been

made for which benefit must be drawn in favour of the applicant. Prima facie, the FIR since do not aspire the facts, earlier similar report of the same

date and incident was made. Thus, the bar of Section 18 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

would not come into play, I am inclined to extend the benefit of Section 438 of the Cr.P.C. to the appellant.

Accordingly, the appeal is allowed and the impugned order is set-aside.

The appellant is directed to be released on anticipatory bail on his furnishing a personal bond for a sum of Rs.25,000/- with one surety each in the

like sum to the satisfaction of the Arresting Officer with the following conditions:

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

(ii) 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 facts to the Court or to any police officer.

(iii)Â Â he shall not influence the witnesses during pendency of the trial.