NARESH SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Apprehending arrest in connection with Crime No.69/2018 registered at Police Station-Civil Lines, Bilaspur, Distt. Bilaspur for offence under Sec. 376 IPC read with Sec. 3(2)(v) & (va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (henceforth, "Act of 1989"), the applicant has filed this bail application under Sec. 438 Cr.P.C. for grant of anticipatory bail.

(2.) The case of prosecution, in brief, is that the applicant committed sexual intercourse with major prosecutrix from October, 2012 to 15/11/2017 on the pretext of marrying her without having any intension to marry with her and thereby committed the offences.

(3.) Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in the crime in question. There is an inordinate delay of six years in lodging the FIR as incident is of the year 2012 whereas the FIR has been registered on 20/1/2018. He further submits that it is clear from the report of the prosecutrix that the applicant has not committed alleged offence with the prosecutrix and at the most, it is the case of sexual intercourse with her consent which does not constitute an offence of rape. He also submits that the applicant herein is government doctor and working as a Block Medical Officer and if he is arrested, the patients and government work will suffer and even otherwise, bar under Sec. 18 of the Act of 1989 would not be applicable in the present case.