Allowed

Shakir Ansari Baba @ Habbu Maulvi v. State of Chhattisgarh

Chhattisgarh HC8 Apr 2021MCRC/306/2021

Case brief

AI extract

What is this about?

Regular bail application allowed under Section 439 CrPC. Court observed that the prosecutrix turned hostile and did not support the prosecution case. Application permitted upon furnishing a personal bond of Rs.25,000 with one surety.

What did the court decide?

Direced the applicant shall be released on bail on furnishing a personal bond of Rs.25,000/- with one surety in the like sum.

Shakir Ansari Baba @ Habbu Maulvi Vs… — Child Sexual Offences (POCSO) | Chhattisgarh HC (2021)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 306 of 2021

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Shakir Ansari Baba @ Habbu Maulvi S/o Late Kasim Mohammad Kuraishi, Aged About 44 Years, R/o Village Ward No. 4 sayyad meera ali datar majar Baloda PS Baloda District- Janjgir-Champa (C.G.) (wrongly mention age of the applicant 35 years), District : Janjgir-Champa, Chhattisgarh

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---- Applicant

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Versus

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State of Chhattisgarh, Through :- Police Station Sipat Bilaspur, DistrictBilaspur (C.G.), District : Bilaspur, Chhattisgarh

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---- Non-applicant

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For Applicant –Shri Dheerendra Pandey, Advocate. For State/Non-applicant – Shri B.P. Banjare, Deputy Govt. Advocate.

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Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board

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08-04-2021

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Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 14-09-2020 in connection with Crime No.396/2020 registered at Police Station – Sipat, Bilaspur, District- Bilaspur, Chhattisgarh for the offence under Section 376, 506 of the IPC and Section 4, 6 of POCSO Act.

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It is submitted by learned counsel for the applicant that the applicant has been falsely implicated. The prosecutrix has been examined in the trial and she has not supported the prosecution case. Therefore, it is payed that this applicant be granted bail.

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3 . Learned counsel for the State/non-applicant opposes the application submitting that there are other witnesses to be examined who may establish the prosecution case. Therefore, the application may be rejected.

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4 . Heard learned counsel for the parties and perused the documents.

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According to the prosecution case, this applicant on pretext of practicing

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witchcraft and sorcery in the treatment of the minor prosecutrix forcefully established physical relation with her on numerous occasions, regarding which

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the FIR has been lodged.

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6 . Considered on the submission. After perusing the certified copy of the deposition of the prosecutrix, it is found that she is hostile witness and she has not supported the prosecution case. Hence, looking to this development, I feel inclined to allow this application.

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7 . Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for his appearance as and when directed.

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8 . Certified copy as per rules.

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Sd/-

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(Rajendra Chandra Singh Samant) Judge

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Aadil

Shakir Ansari Baba @ Habbu Maulvi v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Shakir Ansari Baba @ Habbu Maulvi v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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