Allowed

Shashikant Patanwar v. State of Chhattisgarh

Chhattisgarh HC3 Oct 2023CRA/1488/2023

Case brief

AI extract

What is this about?

In a criminal appeal under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, the High Court allowed the appeal and ordered the discharge of the bail application previously dismissed, directing the release of the appellant on personal bond with a surety.

What did the court decide?

The appellant was released on bail by executing a personal bond for Rs. 25,000 with one surety of the like sum.

Shashikant Patanwar Vs State of Chhattisgarh — Caste Atrocities | Chhattisgarh HC (2023)

CRA No. 1488 of 2023

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

¶5

CRA No. 1488 of 2023

¶6

Shashikant Patanwar S/o. Triloki Nath Patanwar, Aged About 29 Years R/o. Village Bitkula, P.S. Seepat, District - Bilapsur, Chhattisgarh. ---- Appellant

¶7

Versus

¶8

State Of Chhattisgarh Through - The Police Seepat, District - Bilapsur, Chhattisgarh. ---- Respondent

¶9

For Appellant	:- Mr. Rishi Rahul Soni, Advocate
For Respondent-State	:- Mr. Gagan Tiwari, Dy.G.A.
For Objector	:- Ms. Priya Kaiwart, Advocate

¶10

Hon’ble Shri Justice N.K. Chandravanshi Order On Board

¶11

03.10.2023

¶12

The appellant has preferred this Criminal Appeal under Section 14(A)(ii) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (in short, the Act 1989) against the order dated 22.6.2023 passed by the Special Judge, District Bilaspur in bail application No.250/2023 whereby appellant’s bail application under Section 439 Cr.P.C. has been dismissed pertaining to crime No.384/2023 registered at Police Station Seepat, District Bilaspur (C.G.) for the offence under Section 376(2)(n) of the I.P.C. and Section 3 (ii) (v) of the Act, 1989.

¶13

Facts of the case, in brief, are that on pretext of marriage appellant, who belongs to OBC category made physical relation with victim / prosecutrix, who belongs to Scheduled Caste category and sexually exploited her from 30.10.2019 to February, 2022, but, subsequently, appellant refused to marry her. Thereafter, written complaint was made by victim/ prosecutrix in Police Station Seepat. Based on above, present FIR has been registered against the appellant for the offence punishable under

¶14

¶15

CRA No. 1488 of 2023

¶16

Section 376 (2)(n) of the I.P.C. Subsequently, Section 3 (ii)(v) of the Act, 1989 was added.

¶17

Learned counsel for the appellant would submit that appellant and victim were good friends and whatever relation was made between them was a consensual relation that too for more than 2 years. It is further submitted that victim was aged about 22 years in the year, 2019 thus she was very well aware of her well beings. It is next submitted that appellant is in jail since 15.6.2023 and charge-sheet has already been filed, hence, he may be released on bail

¶18

Per contra, learned State counsel well assisted by learned counsel for the objector/ victim would submit that it is a case of sexual exploitation that too of a girl belonging to Scheduled Caste community, hence, bail application of appellant is liable to be dismissed.

¶19

I have heard learned counsel for the parties and perused the case diary as well as material available on record.

¶20

Having regard to the facts of the case and particularly considering the age of victim at the time of incident and long term relationship between appellant and victim for more than about 2 years despite both of them belonging to different castes and further considering the detention period of appellant and the fact that charge-sheet has been filed, I am inclined to enlarge the appellant on bail.

¶21

Accordingly, the criminal appeal is allowed. It is directed that in the event of the appellant executing a personal bond for a sum of Rs.25,000/- with one surety of the like sum to the satisfaction of the concerned trial Court for his appearance before the concerned Court as and when directed by the said court, he be released on bail.

¶22

Certified copy as per rules. sd/-

¶23

(N.K. Chandravanshi)

¶24

Judge

¶25

Ayushi

Shashikant Patanwar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Shashikant Patanwar v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sunil Agrawal Vs State of Chhattisgarh

Bank of India Vs Krishna Balak Pandey

Manish Kumar Bansal Vs Ajay Sonwani

Rupesh Dubey Vs State of Chhattisgarh

Veer Singh Vs State of Chhattisgarh

Gopal Sarkar Vs State of Chhattisgarh