Tijiya Malik Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2025)

Tijiya Malik Vs State of Chhattisgarh — Child Sexual Offences (POCSO) | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

Regular bail granted to applicant Tijiya Malik on furnishing a bail bond of Rs.10,000/- with one surety in the like sum, subject to conditions: (a) she shall appear before the Trial Court regularly on each and every date unless exempted from appearance; (b) she shall not, in any manner, tamper with the prosecution witnesses; (c) if she is found involved in a similar offence in the future, it will be open for the State to apply for cancellation of bail.

Issue for consideration

Whether the applicant, arrested in connection with Crime No.314/2024 (Police Station Bhilai Nagar, District Durg) for offences punishable under Sections 137(1)(k) and 49 of BNS and Section 17 of POCSO Act, should be released on regular bail under Section 483 of the Bhartiya Nagrik Suraksha Sanhita.

Court's answer

Considering the entire facts and circumstances — that the applicant had only helped the co-accused, was aged about 58 years, had been in jail since 29/10/2024, the charge-sheet had already been filed and the trial would take more time, the prosecution had not shown any attempt to tamper with witnesses or evidences, and there was no previous antecedent — the Court was inclined to allow the bail application.

Ratio / Principle

The bail application was allowed: applicant Tijiya Malik was directed to be released on regular bail on furnishing a bail bond of Rs.10,000/- with one surety in the like sum, on conditions that she appear regularly before the Trial Court, not tamper with prosecution witnesses, and that it will be open to the State to apply for cancellation of bail if she is found involved in a similar offence in future.

Detailed headnote1 paragraphs

Bail — Regular bail under Section 483, Bhartiya Nagrik Suraksha Sanhita — Applicant (woman, aged about 58) arrested in Crime No.314/2024, P.S. Bhilai Nagar, District Durg, for offences under Sections 137(1)(k) and 49, BNS and Section 17, POCSO Act, for allegedly helping the co-accused who allegedly committed sexual intercourse with the prosecutrix — Applicant in jail since 29/10/2024; charge-sheet filed; no previous antecedents; no tampering with witnesses or evidence shown — Victim and her father strongly objected to bail through video conferencing from the DLSA (24/01/2025) — Bail allowed on a bond of Rs.10,000/- with one surety, subject to conditions of regular Trial Court appearance, non-tampering with prosecution witnesses, and liability to cancellation if involved in a similar offence (High Court of Chhattisgarh at Bilaspur, Arvind Kumar Verma, J., 28/01/2025).

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2025:CGHC:5084

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

MCRC No. 137 of 2025

1 - Tijiya Malik W/o Late Jhagga Malik Aged About 58 Years R/o Basor Basti, Majganwa, Police Station Majganwa, District Satna, M.P. Present Adress C- Market, Sector-06, Bhilai Police Station Bhilainagar, District Durg (C.G.)

... Applicant(s)

versus

1 - State Of Chhattisgarh Through - Police Station - Bhilai Nagar, District Durg (C.G.)

... Respondent(s) For Applicant(s) : Shri Vikas Kumar Pandey, Advocate. For the State : Ms. Binu Sharma, Panel Lawyer.

Hon’ble Shri Justice Arvind Kumar Verma

Order on Board

28/01/2025

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.314/2024 registered at Police Station Bhilai Nagar, District Durg (C.G.) for the offence punishable under Sections 137(1)([k), 49 of BNS and Section 17 of POCSO Act.

NARESHKUMARKAMDE Digitally signedby NARESHKUMAR KAMDEDate:2025.01.2917:58:16 +0530

The case of the prosecution in brief is that father of prosecutrix has lodged missing report against unknown person thereafter prosecutrix

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has been recovered and she stated that the co-accused person has committed sexual intercourse with her and the present applicant also helped the co-accused person, thereafter police investigated the matter and arrested the applicant for the aforesaid offences.

Learned counsel for the applicant submits that there is love affair between the co-accused and prosecutrix, applicant is aged about 58 years and due to long detention in jail with hard criminal her life will be spoiled, there is no evidence on record to show that the applicant has committed sexual intercourse with the prosecutrix, applicant is in jail since 29/10/2024, hence, she may be released on bail.

Learned counsel for the State opposes the submission made by learned counsel for the applicant. Hence, she is not entitled for grant of bail.

On 24/01/2025 victim along with her father appeared before this Court through video conferencing from the concerned DLSA and they strongly objected for grant of bail to the applicant. Their objection is taken on record.

Heard learned counsel for the parties and perused the case diary.

Considering the entire facts and circumstances of the case, further considering that present applicant has only helped the co-accused, applicant is aged about 58 years, she is in jail since 29/10/2024, charge-sheet has already been filed and it will take more time to conclude the trial, prosecution has not shown that applicant has tried to tamper of witnesses or evidences, there is no previous antecedent, therefore, I am inclined to allow bail application of applicant.

Accordingly, bail application is allowed . It is directed that applicant -

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Tijiya Malik shall be released on regular bail, on her furnishing bail bond in sum of Rs.10,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that-

a) She shall appear before the Trial Court regularly on each and every date, unless exempted from appearance.

b) She shall not, in any manner, tamper with the prosecution witnesses.

c) If she is found involved in similar offence in the future, it will be open for the State to apply for cancellation of Bail.

Certified copy as per rules.

Sd/-

( Arvind Kumar Verma ) JUDGE

Kamde