Sameer Khan @ Mohd. Sameer Hussain Vs State of Chhattisgarh

This is the first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail. The applicant has been arrested in connection with Crime No. 154/2024, registered at Police Station Lundra, District Surguja, Chhattisgarh for the offence under Sections 376(2)(n) of Indian Penal Code and Sections 4 & 6 of Protection of Children from Sexual Offences Act, 2012.

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The case of prosecution in brief is that, on 07.06.2024, the prosecutrix lodged a report against the applicant that he developed physical relation with her since 10.10.2023 on the pretext of marriage, and sexually exploited her, and ultimately he refused to marry with her. She would also stated in the report that she conceived pregnancy by the act of applicant and when she asked for marriage, he refused for the same. The FIR has been registered against the applicant, in which he has been arrested on 08.06.2024 and charge sheet has been filed.

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Learned counsel for the applicant would submit that the prosecutrix being a major girl having love affair with the applicant and she resided with him without raising any objection, there is no cogent evidence in the charge sheet that she is minor and less than 18 years of age. The prosecutrix has been examined before the Learned Trial Court as PW-1 and has not supported the prosecution's case and completely turned hostile. He would further submit that the applicant is in jail since 08.06.2024 and final adjudication of the case will take its own time, therefore he may be enlarged on bail.

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On the other hand, learned counsel for the State opposes and has submitted that, from the evidence collected during the investigation, the prosecutrix appears to be minor and she was sexually exploited by the applicant, therefore he is not entitled for bail.

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I have heard learned counsel for the parties and perused the documents annexed with the application.

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Considering the submissions made by the learned counsel for the parties, considering the nature of the allegation and also the material

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collected during the investigation, further that the prosecutrix has been examined before the Learned Trial Court as PW-1 and has not supported the prosecution's case and completely turned hostile, he is in jail since 08.06.2024, I am inclined to release the applicant on bail.

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Consequently, the present application filed by the applicant for grant of regular bail is hereby allowed .

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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 Trial Court, 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 fact 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 concerned trial Court till disposal of the trial.

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Sd/(Ravindra Kumar Agrawal) Judge

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ved

Sameer Khan @ Mohd. Sameer Hussain v. State of Chhattisgarh

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Sameer Khan @ Mohd. Sameer Hussain v. State of Chhattisgarh

Case brief

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