Ramnath vs State Of Chhattisgarh

The accused/appellant who is in custody since 28.08.2021 has filed this appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short “the SC/ ST Act”) for grant of bail in connection with Crime No.33/2021 registered at Police Station Samri Path, District Balrampur Ramanujganj for the offence punishable under Sections 376 & 450 IPC and Section 3 (2) (V) of the SC/ST Act.

Case of the prosecution in nutshell is that prosecutrix lodged written report alleging that on 23.08.2021 on the occasion of festival she had consumed liquor and while she was sleeping at that time accused/appellant came there and committed rape with her. Thereafter, the offence was registered under the aforesaid sections.

Learned counsel for the appellant submits that accused/appellant is innocent and has been falsely implicated in the case. He submits that there is enmity between the appellant and family of the prosecutrix with regard to land dispute and to take revenge she lodged a false report. He submits that even the villagers of the village held up a meeting in the village and prepared a Panchnama stating that dispute has arisen because of land dispute between the appellant and husband of the prosecutrix so false case has been registered. He submits that prosecutrix is aged about 37 years married lady and medical evidence also not supported the case of the prosecution. He further submits that there is inordinate delay in the lodging of FIR as the incident was occurred on 23.08.2021 but the report was lodged on 27.08.2022 therefore, considering all these aspects he may enlarged on bail.

Per contra, learned State counsel opposes the prayer for bail. However, notice has been served to the victim but no one has appeared.

Having heard learned counsel for the parties and considering the facts and circumstances of the case and considering that there is substantiate delay in lodging of FIR, considering the Panchnama executed by the villagers in favour of the appellant and further considering that there was land dispute between the prosecutrix’ family and the applicant, this Court is of the opinion that the accused/applicant can be granted bail.

Accordingly, the appeal is allowed and it is directed that on applicant’s furnishing a personal bond in the sum of Rs.10,000/- 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:-

(a) 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,

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

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

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