Prakash Sahu vs State Of Chhattisgarh

This appeal by the accused/appellant under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is

directed against the order dated 31.05.2021 passed by the Special Judge (Atrocities Act), Kabirdham (C.G.) in Special Case No. 395/2021, rejecting

his regular bail under Section 439 Cr.P.C. The appellant is in jail since 12.05.2021 in connection with Crime No. 97/2021 for the offence punishable

under Sections 363, 366, 305/34 of IPC and Section 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, registered

at Police Station Bodla, District Kabirdham (C.G.).

Learned counsel for the appellant submits that he has filed application dated 19.01.2022 for taking on record the documents i.e. certified copy of

evidence of PW-1 Sushikala, PW-2 Faguram, PW-3 Raju, PW-4 Ramratan and PW-8 Singhram.

On due consideration, the aforesaid application is allowed and the documents are taken on record.

Earlier appeal of the appellant was dismissed as withdrawn vide order dated 31.08.2021 passed in Cr.A. No. 583/2021. However, liberty was

granted in favour of the appellant to file a fresh appeal as and when occasion arises.

As per prosecution case, on the pretext of marriage, present appellant Prakash Sahu alongwith co-accused Narad Sahu took the deceased (minor

girl - daughter of complainant) and drop her at Village Chitarhin Kokda Khar. It is alleged that the deceased committed suicide by hanging on

03.05.2021 due to affair between her and appellant. It is further alleged that the complainant asked appellant Prakash Sahu about reasons behind the

commission of suicide by his daughter, then he (complainant) was informed by appellant Prakash Sahu that he (Prakash Sahu) refused to marry her

daughter. It is further alleged that the appellant and co-accused were having knowledge that the deceased was minor girl belongs to the scheduled

tribe community. Hence, on report being lodged to the above effect, the aforesaid offences have been registered against the appellant and co-accused.

Learned counsel for the appellant submits that as per evidence of PW-1, PW-2, PW-3, PW-4 & PW-8, they have not supported the prosecution

case. He submits that the appellant is in jail since 12.05.2021 and conclusion of the trial is likely to take some time, therefore, the appellant may be

released on bail.

Learned counsel for the State opposing the appeal submits that the case dairy/records is not available with him and prays for time.

Father of the prosecutrix namely Singhram S/o Sukhlal alongwith his counsel Shri J.P. Sahu is connected through video conferencing from District

Legal Services Authority, Kawardha and he was identified by an employee of DLSA, Kawardha. Father of the prosecutrix stated that he has no

objection to grant of bail to the appellant by this Court.

I have heard learned counsel for the parties.

Considering the facts and circumstances of the case, considering the evidence of PW-1, PW-2, PW-3 & PW-4, particularly considering the

evidence of PW-8 Singhram (father of the prosecutrix), no specific allegation has been made against the present appellant, PW-8 has no objection to

grant of bail to the appellant by this Court, the detention period of the appellant who is 33 years old, conclusion of the trial is likely to take some time,

and the fact that there is no apprehension of the appellant tampering with the evidence or absconding as admitted by learned counsel for the appellant,

without expressing any opinion on the merits of the case, this Court is of the opinion that present is a fit case for grant of bail to the appellant.

Accordingly, the appeal is allowed.

It is directed that in the event of appellant executing a personal bond for a sum of Rs.2,00,000/- with two sureties of Rs.1,00.000/- each to the

satisfaction of the concerned trial Court, he 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 him

from disclosing such fact to the Court.

ii. he shall not act in any manner which will be prejudicial to fair and expeditious trial.

iii. he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

iv. he shall not involve himself in any offence of similar nature in future.

12.Let a copy of this order be forwarded to the concerned Police Station forthwith who shall inform the trial Court in the event of appellant involving

himself in similar nature of offence.