AJIT KUMAR, Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard on admission.

(2.) The instant petition has been preferred under Section 439(2) of the Code of Criminal Procedure by Petitioner Ajit Kumar for cancellation of the bail granted to Respondent No.2 by this Court vide order dated 14.8.2020 passed in M.Cr.C.(A) No.774 of 2020 in connection with Crime No.256 of 2020 registered at Police Station Janjgir, District Janjgir-Champa for offence punishable under Sections 376, 506, 509B of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (henceforth 'the Act').

(3.) Facts of the case, in nutshell, are that on 3.6.2020, a First Information Report was lodged by the prosecutrix, a married woman aged about 33 years against Respondent No.2, the then Collector of District Janjgir-Champa. It was alleged by the prosecutrix that on 15.5.2020 Respondent No.2 made a phone call to her and called her to his office at 4:00 p.m. At that time, she reached his office, but she did not find him there. Therefore, she made him a phone call and told him that she had come to his office. He asked her to stay there. After sometime, he reached his office and called her in his chamber, where he forcibly committed sexual intercourse with her. Thereafter, he threatened and told her not to disclose the incident to anyone. It was further alleged by the prosecutrix that even after the incident he used to send her vulgar messages and obscene videos and also blackmailed her that he will publicise images and videos of her private parts. On the basis of her report, Police Station Janjgir, District Janjgir-Champa registered Crime No.256 of 2020 for the alleged offences punishable under Sections 376, 506, 509B of the Indian Penal Code and Section 3(2)(v) of the Act. An application for grant of anticipatory bail was moved by Respondent No.2, which has been allowed by this Court vide order dated 14.8.2020 passed in M.Cr.C. (A) No.774 of 2020. In paragraph 8 of the bail order, it was observed by this Court that since the offence under Section 376 of the Indian Penal Code appears to be doubtful, the offence under Section 3(2)(v) of the Act is also not attracted. After passing of the bail order, the present petition has been preferred under Section 439(2) of the Code of Criminal Procedure by Petitioner Ajit Kumar. What relation the Petitioner has with the prosecutrix is not mentioned in the instant petition nor has the Petitioner stated that in what capacity he has preferred this petition.