Maqbool Khan @ Saheba Vs State of Chhattisgarh

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2025:CGHC:4312

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 114 of 2025

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1 - Maqbool Khan @ Saheba S/o Sattar Khan Aged About 27 Years R/o Chattarpur Chatwa, Police Chowki- Vijaynagar, Thana Ramanujganj, District Balrampur-Ramanujganj, Chhattisgarh.

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... Applicant(s)

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versus

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1 - State Of Chhattisgarh Through Police Chowki- Vijaynagar, P.S. Ramanujganj, District Balrampur-Ramanujganj, Chhattisgarh.

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... Respondent(s)

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For Applicant(s) : Shri Sudhir Sharma, Advocate. For the State : Ms. Vaishali Mahilong, Panel Lawyer

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Hon’ble Shri Justice Arvind Kumar Verma

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Order on Board

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23/01/2025

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NARESHKUMAR Digitally signedby NARESHKUMAR KAMDEDate: KAMDE 2025.01.2517:22:29 +0530

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The applicant has preferred first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita for grant of regular bail as he has been arrested in connection with Crime No.169/2024 registered at Police Station Ramanujganj, District Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 137(2), 64(2)(m) of BNS and Sections 4 & 6 of POCSO Act.

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The case of the prosecution in brief is that on 31/08/2024 the

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complainant has lodged a report against the present applicant stating therein that the present applicant and the prosecutrix usually talking to each other and it is also alleged that on 27/08/2024 the applicant took the prosecutrix to Chatarpur forest with him and made physical relation with her till 01/09/2024, thereafter FIR has been lodged against the present applicant.

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Learned counsel for the applicant submits that the prosecutrix is major girl aged about 16 years and one month, charge-sheet has already been filed, there is no evidence on record to show that the applicant has committed sexual intercourse with the prosecutrix, medical report has not supported the case of prosecution and there is no external or internal injuries found on the body of the prosecutrix, applicant is in jail since 06/09/2024, hence, he may be released on bail.

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Learned counsel for the State opposes the submission made by learned counsel for the applicant and submits that offence committed by applicant is of grievous nature. Hence, he is not entitled for grant of bail.

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Today prosecutrix appeared before this Court through video conferencing and submits that she has no objection with regard to grant of bail to the applicant.

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Heard learned counsel for the parties.

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Considering the entire facts and circumstances of the case there is affair between the victim and applicant, age of the victim is more than 16 years 1 month, he is in jail since 06/09/2024, trial will take more time and there is no previous criminal antecedent, charge-sheet has already been filed by the trial Court and prosecutrix has already examined and

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she did not support the case of the prosecution, considering the entire facts and circumstances of the case, without commenting anything on merits of the case, I am inclined to allow bail application of applicant.

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Accordingly, bail application is allowed . It is directed that applicant - Maqbool Khan @ Saheba shall be released on regular bail, on his furnishing bail bond in sum of Rs.10,000/- with one surety in the like

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