Decided on August 10,2005

Goverdhan Tiwari Appellant
STATE Respondents


DHIRENDRA MISHRA,J. - (1.) ''The applicant has preferred this application under Section 439 of the Cr. P.C. as he has been arrested in connection with Crime No. 05/2004. registered in Police Station -S.T./S.C. Chana, Ambikapur Surguja, for the offences punishable under Section 376 of the IPC and under Section 3(1)(XII) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act
(2.) THE allegation against the present applicant is that he developed intimate relationship with the prosecutrix who is a member of scheduled tribe and sexually exploited her from 1.6.2003 to 9.1.2004 on the promise of marriage and however, thereafter he declined to marry her, as a result of which the report was lodged on 22.1.2004 by the prosecutrix/complainant. Learned counsel for the applicant submits that the prosecutrix voluntarily resided with the applicant in the house of his mother's elder sister as his wife and thereafter both of them lived together as husband and wife in a rented house. However, subsequently as there was some difference of opinion between the two she left the applicant of her own.
(3.) ON the other hand, learned counsel for the State opposes the bail application and submits that the applicant sexually exploited the prosecutrix who belongs to scheduled tribe on the promise of marriage and subsequently he refused to marry, therefore, he should not be enlarged on bail. I have heard learned counsel for the parties.;

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