Allowed

Mohd. Shabbir Khan v. State of Chhattisgarh

Chhattisgarh HC2 Aug 2022MCRC/4462/2022

Case brief

AI extract

What is this about?

This is an order granting bail to an applicant charged with sexual offences and theft. The prosecutrix opposed bail in person. The court allowed bail upon execution of a personal bond with one surety and compliance with standard conditions.

What did the court decide?

Bail allowed upon execution of a personal bond for Rs. 50,000/- with one surety and compliance with specific conditions.

Mohd. Shabbir Khan Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 4462 of 2022

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Mohd. Shabbir Khan, S/o Salimuddin, Aged About 21 Years, R/o Camp - 1, Pragati Nagar, Behind Basant Talkies, Police Station Chhawani, Tahsil and, District : Durg, Chhattisgarh.

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---- Applicant

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Versus

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State of Chhattisgarh, Through- Station House Officer, Police of Police Station Chhawani, District : Durg, Chhattisgarh.

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---- Non-Applicant

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For Applicant : Shri Jitendra Gupta, Advocate For Non-Applicant/State : Shri Avinash K. Mishra, Government Advocate

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Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

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02.08.2022

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Heard.

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1. The applicant has preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as he is in jail since 20.04.2022 in connection with Crime No. 162/2022 registered at Police Station- Chhawani, District- Durg (C.G.) for the offence punishable under Sections 354, 354 (d), 342, 506, 376 of IPC and 11 of POCSO Act.

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1. Case of the prosecution, in brief, is that the prosecutrix lodged written complaint on 11.04.2022 in the Police Station Chhawni to the effect that the present applicant was living in her house on rent. In November, 2021 the applicant forced her to go with him outside and upon refusal, he stalked her to her tuition. On 08.01.2022, the applicant on basis of threat, made her sit in his scooty and took her to his house, there he tried to outrage her modesty, at that time, he took her photographs. Thereafter, he used to demand money from her otherwise threatened to transmit photographs.

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1. Learned counsel for the applicant submits that the applicant has falsely been implicated in the crime in question. He draws

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Page 2 of 2

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attention of this Court towards statement of the prosecutrix (PW/ 1), where she has not supported the prosecution case. The applicant is in jail since 20.04.2022 and trial is likely to take some time for disposal. Therefore, the applicant may be released on bail.

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1. On the other hand, learned counsel for the Non-Applicant/State opposes the bail application and he submits that the prosecutrix has levelled serious allegation against the applicant in her written complaint.

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1. On 01.07.2022, the prosecutrix alongwith her father & mother appeared in person before this Court and they raised objection in grant of bail to the applicant.

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1. I have heard learned counsel for the parties and considering the evidence of the prosecutrix (PW/1), period of detention of the applicant, charge-sheet has already been filed, I am inclined to grant bail to the applicant. Accordingly, the bail application filed by the applicant is allowed.

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1. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety to the satisfaction of the concerned trial Court, he shall be released on bail, on following conditions :-

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(i) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court;

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(ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial;

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(iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial; and

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(iv) he shall not involve himself in any offence of similar nature in future.

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Sd/-

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(Rakesh Mohan Pandey ) Judge

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Nadim

Mohd. Shabbir Khan v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Mohd. Shabbir Khan v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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