Mohd. Shahim Vs State of Chhattisgarh

¶1

1

¶2

2026:CGHC:4679

¶3

Digitally signed by SOURABH SOURABH PATEL PATEL Date: 2026.01.28 18:18:14 +0530

¶4

NAFR

¶5

HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 467 of 2026

¶6

1 - Nashima Khatoon W/o Mohd. Shahim, Aged About 35 Years, R/o Patrapali, Police Station Kotraroad, Tahsil And District - Raigarh Chhattisgarh Permanent R/o Lakhnipur Maheshpatti, Police Station - Ujiyarpur, District - Samastipur (Bihar).

¶7

--- Applicant

¶8

versus

¶9

1 - State Of Chhattisgarh Through Station House Officer, Police Station - Kotraroad, District Raigarh Chhattisgarh.

¶10

--- Respondent

¶11

MCRC No. 517 of 2026

¶12

1 - Mohd. Shahim S/o Late Mohd. Ramjani, Aged About 38 Years, R/o Patrapali, P.S. Kotraroad, Tahsil And Distt. Raigarh, C.G., Permanent R/o Lakhnipur Maheshpatti, P.S. Ujiyarpur, Distt. Samastipur, Bihar.

¶13

--- Applicant

¶14

Versus

¶15

1 - State Of Chhattisgarh Through Station House Officer, P.S. Kotraroad, Distt. Raigarh, Chhattisgarh.

¶16

--- Respondent

¶17

For Applicants : Mr. Ashish Gupta, Advocate. For State : Mr. Tarkeshwar Nande, P.L.

¶18

Hon'ble Shri Justice Sanjay Kumar Jaiswal

Order on Board

2

28/01/2026

1. Since both the MCRCs arise out of the same crime number 389/2025, they are being heard and disposed of by this common order.

¶23

2. These are the first bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 389/2025 registered at Police Station Kotraroad, District Raigarh (C.G.), for the offence punishable under Sections 376(2)(f), 376(2)(m), 376(3) of IPC and Section 6, 21 of POCSO Act, 2012.

¶24

3. As per the prosecution story in brief, the prosecutrix, who is the daughter of present applicants, lodged a report at Police Station, Kotraroad, alleging that she is pursuing B.Com Final year and that when she was 5-6 years old, she was pressurized by her father, Mohd. Shahim , for a physical relationship. When she was 14 years old, her father committed sexual intercourse with her, and since then, her father has committed sexual intercourse with her on several occasions. The prosecutrix narrated the said incident to her mother, but she did not believe her and told me to not tell anyone about the incident. On 26.09.2025, the prosecutrix, the prosecutrix demanded pocket money from her father, and her father asked for a physical relation, only then he will provide money to her, but she

¶25

3

¶26

refused for the same. On the basis of the said report, the aforesaid offences have been registered against the applicants, leading to their arrest.

¶27

4. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in this case. He further submits that the present applicants are the mother and father of the prosecutrix, the prosecutrix has been examined and turned hostile. The applicants are in jail since 27.09.2025, and the trial is likely to take considerable time to conclude. Therefore, he prays for the grant of regular bail to the applicants.

¶28

5. On the other hand, learned State counsel opposes the bail application and submitted that out of total 16 witnesses, only 06 have been examined till date and several important witnesses remain to be examined, therefore, at this stage, they may not be enlarged on bail.

¶29

6. Today, victim along with her aunt (��) appeared virtually from the concerned DLSA and raised no objection in granting bail to the applicants.

¶30

7. I have heard learned counsel appearing for the parties and perused the case diary.

¶31

8. Considering the facts and circumstances of the case and also considering the fact that the prosecutrix has been examined and turned hostile and today also she appeared virtually and raised no objection in granting bail to the

¶32

4

¶33

applicants, the applicants are in custody since 27.09.2025 and out of total 16 witnesses, only 06 have been examined till date, the trial is likely to take considerable time to conclude, therefore, at this stage, without commenting on merits of the case, I am inclined to release the applicants on bail.

¶34

9. Accordingly, the bail applications are allowed and it is directed that the applicants shall be released on bail on their furnishing a personal bond in the sum of Rs.25,000/each with one surety in the like sum to the satisfaction of the trial Court. Applicants are directed to appear before the trial Court on each and every date to be given to them by the said Court till disposal of the trial. It is made clear that any observation made by this Court in this order shall not affect the trial of the case.

¶35

10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.

¶36

Sd/- (Sanjay Kumar Jaiswal) Judge

¶37

Sourabh P.

Mohd. Shahim v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Mohd. Shahim v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Yash Balani Vs State of Chhattisgarh

Kt (Juvenile in Conflict With Law) Vs State of Chhattisgarh

Prakashchand Kashyap Vs State of Chhattisgarh

Dileep Toppo Vs State of Chhattisgarh

Boman Netam Vs State of Chhattisgarh

Satya Om Prakash Kashyap Vs State of Chhattisgarh