Ved Prakash vs State Of Chhattisgarh

Heard.

The appellant has preferred this appeal under Section 14 A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short “the S.C./S.T. Act”), for grant of bail, as he is in jail in connection with Crime No.660/2022 registered at Police Station Chirmiri, District Manendragarh Chirmiri Bharatpur (CG) for the offence punishable under Sections 376 (2)(n), 294, 323 of the IPC and Section 3(2)(v) of the S.C./S.T. Act.

Case of the prosecution, in brief, is that the prosecutrix, who is a grown up girl, came in contact with the appellant through social networking site. Thereafter, the appellant pressurised the prosecutrix to meet him in his house and on 10.5.2021, when she went to meet the appellant in his house, on the pretext of marriage, he committed sexual intercourse with her. Thereafter, the applicant used to sexual exploit the prosecutrix regularly. On 28.12.2022, the appellant put vermilion on her forhead and promised to marry her. Thereafter, the appellant refused to the marry the prosecutrix and abused her in filthy language and also beat her. Hence, the FIR was lodged.

Learned counsel for the appellant submits that the prosecutrix is a major lady and both the appellant and the prosecutrix were having a love affair. She further submits that the relationship between them was consensual; the FIR has been lodged belatedly; and the appellant is in jail since 29.12.2022. Hence, learned counsel prays for releasing the appellant on bail.

On the other hand, learned counsel for the State opposes the submissions made by learned counsel for the appellant.

On 6.3.2023, the prosecutrix/victim appeared through the video conferencing from the concerned DLSA and objected to the prayer for bail.

Having considered the submissions of learned counsel for the parties as also considering the nature of the accusation, without commenting anything on the merits of the case, I am of the opinion that the present is a fit case to enlarge the appellant on bail.

Accordingly, the appeal is allowed and the appellant is directed to be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

Certified copy as per rules.