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2021 DIGILAW 372 (CHH)

Jitendra Kumar Sahu S/o Dhanesh Sahu v. State Of Chhattisgarh Through Thana-Dongargaon

2021-12-07

GOUTAM BHADURI

body2021
ORDER : 1. The present appeal is arising out of order dated 25-10-2021 passed by the Special Judge (Atrocities), District Rajnandgaon, in BP No.53/2021. 2. The appellants have preferred this appeal under Section 14A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act, 1989') for grant of anticipatory bail under Section 438 of the Cr.P.C. as they apprehend their arrest in connection with Crime No.208/2021, registered at Police Station Dongargaon, District Rajnandgaon (CG), for offence punishable under Sections 294, 354, 354(D)/34 of the Indian Penal Code and under Section 3(2)(va) of the Act, 1989. 3. As per the prosecution case when on 29-6-2021 at 5.30 pm the prosecutrix was returning from the agricultural fields both the appellants caught the prosecutrix; tried to outrage her modesty; and abused. 4. Learned counsel for the appellants would submit that it a counter blast to the report lodged by the appellants against the family members of the prosecutrix whereby the family members of the appellants were assaulted and therefore, in order to dilute the effect the false report has been made. 5. Learned counsel for the State as well as the prosecutrix, who appears through video conferencing from DLSA, Rajnandgaon, per contra, would oppose the prayer for grant of bail. 6. Considering the entire facts situation of the case and particularly considering the statements under Section 161 of Cr.P.C., I am of the opinion that present is not a fit case to release the appellants on anticipatory bail. 7. In the result, the appeal, sans merit, is liable to be and is hereby dismissed.