INDRAJEET SINHA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal by the accused/appellant under Sec. 14 (A) (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is directed against the order dtd. 8/3/2021 passed by the Special Judge, ST/SC, Act, South Bastar, Dantewada (C.G.), rejecting his regular bail under Sec. 439 Cr.P.C. The appellant is in jail since 6/3/2021 in connection with Crime No. 03/2021 for the offence punishable under Sec. 376 of IPC and Sec. 3 (1)(2) (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered at Police Station- Adim Jati Kalyan Thana, Dantewada, District South Bastar Dantewada (C.G.).

(2.) As per prosecution story, the prosecutrix lodged a report stating that in the year 2019, the appellant took her to Village Balood in the house of his friend Dinesh Yadav and on the pretext of marriage, he committed sexual intercourse with her in his friend's house. Thereafter, the appellant many times took the prosecutrix to his relatives' house and committed sexual intercourse with her. When the prosecutrix asked the appellant to marry her, then he refused to marry her. On the basis of said report, the offences under the aforementioned Sec. were registered against the appellant.

(3.) Learned counsel for the appellant submits that the appellant has been falsely implicated in this crime. He submits that the appellant is in jail since 6/3/2021 and due to Covid-19, conclusion of the trial is likely to take some time, therefore, the appellant may be released on bail. Reliance has been placed on the decision of the Hon'ble Supreme Court in Pramod Suryabhan Pawar vs. State of Maharashtra and Another reported in (2019) 9 SCC 608 and judgment dtd. 19/1/2021 passed by this Court in Mohinder Pal Kashyap vs. State of Chhattisgarh, Cr.A. No. 919/2020.