Bhupendra Patel Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2024)

Bhupendra Patel Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2024)

What the court decided

AI extract

Outcome

Regular bail: impugned rejection order dated 15.03.2024 set aside; appellant to be released in Crime No. 185/2024 on executing a personal bond of ₹25,000 with one surety in the like sum, subject to conditions (regular appearance before the Trial Court; no tampering with prosecution witnesses; State free to seek cancellation if he is involved in a similar offence).

Issue for consideration

Whether the appeal under Section 14-A(2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 should be allowed against the rejection of the appellant's bail application under Section 439 of CrPC, and whether the appellant (arrested in Crime No. 185/2024 for offences under Sections 376, 506, 323 of IPC and Section 3(2)(v) of the Act of 1989) should be released on regular bail.

Court's answer

Taking into consideration the facts and circumstances of the case, the nature of allegation and the submissions of learned counsel for the parties, and without commenting on the merits of the case, the Court was inclined to allow the appeal.

Ratio / Principle

The appeal is allowed and the impugned order passed by the learned Special Judge (Atrocities) dated 15.03.2024 (rejecting the Section 439 CrPC bail application) is set aside.

Key takeaways

In connection with Crime No. 185/2024, the appellant is directed to be released on regular bail on executing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum, to the satisfaction of the concerned arresting Officer.ratio¶21
Bail conditions: the appellant shall appear before the Trial Court regularly on each and every date unless exempted, and shall not in any manner tamper with the prosecution witnesses.ratio¶24
If the appellant is found involved in a similar offence in future, it will be open for the State to apply for cancellation of bail.

Detailed headnote1 paragraphs

CRA No. 663 of 2024 (High Court of Chhattisgarh, Bilaspur; Parth Prateem Sahu, Judge; order dated 18.04.2024): Appeal under Section 14-A(2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 allowed against the rejection by the learned Special Judge (Atrocities) on 15.03.2024 of the appellant's application under Section 439 of CrPC for grant of bail. Appellant (Bhupendra Patel), arrested in connection with Crime No. 185/2024 of P.S. Civil Line, Bilaspur for offences punishable under Sections 376, 506, 323 of IPC and Section 3(2)(v) of the Act of 1989 — the prosecution case being sexual intercourse from 2021 on the pretext of marriage, followed by abortion of the resulting pregnancy by medicine allegedly administered by the appellant — was directed to be released on regular bail on executing a personal bond of ₹25,000 with one surety of the like amount, without comment on the merits. Conditions imposed: regular appearance before the Trial Court, no tampering with prosecution witnesses, and liberty to the State to apply for cancellation of bail if he is found involved in a similar offence. The victim, appearing virtually from DLSA, Bilaspur pursuant to the Court's notice, had raised objection to grant of bail.

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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

CRA No. 663 of 2024

Bhupendra Patel S/o Ramgulam Patel, Aged About 27 Years S/o Saristal, P.S. Lormi, Distirct- Mungeli (C.G.)

------Appellant

VERSUS

State of Chhattisgarh through SHO, Civil Line, P.S.- Civil Line, DistrictBilaspur (C.G.)

------- Respondent

For Appellant : Mr. Raj Kumar Gupta, Advocate. For State : Mr. Jitendra Shrivastava, Govt. Advocate

Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD

18/04/2024

Appellant has preferred this appeal under Section 14-A(2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short “Act of 1989”) against the rejection of application filed under Section 439 of CrPC for grant of bail as he has been arrested in connection with Crime No. 185/2024 registered at Police Station – Civil Line, Bilaspur, District- Bilaspur (C.G.) for the offence punishable under Sections 376, 506, 323 of IPC and Section 3(2)(v) of the Act of 1989.

Case of prosecution in brief is that, victim lodged a written report in the concerned police station on 05.01.2024 alleging that in the year 2021 appellant stating that he loves her and wanted to marry her has committed sexual intercourse with her and thereafter on the pretext of marriage has committed sexual intercourse on many occasion, due to which she conceived pregnancy. Thereafter, appellant administered her some medicine due to which her pregnancy was aborted, due to heavy bleeding she was also admitted in the hospital. Based on the report, aforementioned crime was registered and appellant was arrested.

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Learned counsel for appellant submits that the allegation has been falsely levelled against him. Even if the allegation made in the report as also in the statement of the victim is taken on its face value with respect to the physical relationship between them, if any, would be consensual. Age of the victim on the date of lodging of the report was 30 years.

Learned State counsel opposes the submission of learned counsel for appellant and would submit that victim in the report has levelled allegation that appellant on the pretext of marriage has committed sexual intercourse with her on many occasion and thereafter refused to marry her. However, upon asking the period of relationship and the age of victim, he submits that physical relationship between appellant and the victim was from 2021 till 2023 and they have also resided together for considerable period, age of victim on the date of first incident was about 26 years.

Pursuant to the notice issued by this Court, victim appeared before this Court through virtual mode from DLSA, Bilaspur and raised objection in grant of bail to appellant.

I have heard learned counsel for the parties.

Taking into consideration, the facts and circumstances of the case, nature of allegation, submission of learned counsel for the parties, without commenting anything on merits of the case, I am inclined to allow this appeal.

Accordingly, appeal is allowed, the impugned order passed by learned Special Judge (Atrocities) dated 15.03.2024 is set aside and it is directed that appellant in connection with the crime in question (185/2024) be released on regular bail on his executing a personal bond in the sum of ₹ 25,000/- with one surety in the like sum to the satisfaction of the concerned arresting Officer. Appellant shall also

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abide by the following conditions:

a) He shall appear before the Trial Court regularly on each and every date, unless exempted from appearance. b) He shall not, in any manner, tamper with the prosecution witnesses.

c) If he is found involved in similar offence in future, it will be open for the State to apply for cancellation of Bail.

Certified copy as per rules.

Sd/-

(Parth Prateem Sahu) Judge

/pwn