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NAFR
HIGH COURT of CHHATTISGARH, BILASPUR
MCRC No. 2499 of 2024
• Sohel Khan @ Tiger @ Jahir Khan S/o Vahab Khan Aged About
20 Years, Caste- Musalman, R/o Dalganjan Dafai, Chhota Bazar
Chirmiri, Police Station Chirmiri, District- Korea, Chhattisgarh.
------Applicant
VERSUS
• State Of Chhattisgarh through – The Station House Officer,
Police Station – Chirmiri, District - Manendragarh-Chirmiri-
Bharatpur (C.G.).
-------Non-applicant
For applicants : Mr. Hemant Kumar Agrawal, Advocate
For Non-applicants-State : Mr. Amit Verma, Panel Lawyer
SB: Hon'ble Shri Parth Prateem Sahu, Judge
OR DE R ON B OA R D
30/04/2024
1. This is the first bail application filed by the applicant under
Section 439 of Cr.P.C. for grant of regular bail, as he has been
arrested in connection with Crime No. 236/2023 registered at
Police Station – Chirmiri, District – Manendragarh-Chirmiri-
Bharatpur, Chhattisgarh for the offences punishable under
Sections 363, 366, 342, 328, 354, 354 (A) of the Indian Penal
Code, 1860 and under Section 08 of the Protection of Children
from Sexual Offences (POCSO) Act, 2012 and under Section 03
(1-w) (1) of the SC/ST (Prevention of Atrocities) Act, 1989.
2. Case of the prosecution is that, the applicant and other 02 co-
accused persons took the victim and her sister in house of co-
accused, they were administered liquor and thereafter,
accused persons committed forceful sexual intercourse with
them. When victms were roaming on the road, police
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intercepted them and took them to one stop Sakhi Center,
informed their parents and recorded their statement under
Section 161 of Cr.P.C. and thereafter, other offences were also
added. Applicant was arrested on 17.06.2023.
3. Learned counsel for the applicant submits that applicant is
innocent, he has been falsely implicated in the instant crime,
he has not committed any offence as alleged. During trial,
victim has now been examined before the learned Trial Court
and they have not supported the case of prosecution.
Therefore, he may be enlarged on regular bail.
4. On the other hand, learned State counsel opposes the
submission made by learned counsel for the applicant and
would submit that there are specific allegation against the
applicant of committing sexual intercourse with the minor girl
in the statement recorded under Section 161 and 164 of
Cr.P.C. He however, further submits that the submission of
counsel for the applicant relying upon the deposition of the
victim is subject matter of appreciation by the learned Trial
Court.
5. Pursuant to the notice issued by this Court, victim along with
her father appeared before this Court through virtual mode
from D.L.S.A. Chirmiri, and they submitted that they are
having no objection in grant of bail to the applicant.
6. I have heard learned counsel for the respective parties.
7. Taking into consideration, facts and circumstances of the case,
nature of allegations, submission of learned counsel for the
respective parties as also, submission of counsel for the
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applicant based upon the deposition of the victim, without
commenting anything on the merits of the case, I am inclined
to allow this application for grant of bail.
8. Accordingly, the bail application filed under Section 439 of
Cr.P.C. is allowed and it is directed that 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 satisfaction
of Trial Court concerned on the conditions that:
(i) He shall appear before the Trial Court concerned regularly
on each and every date unless exempted from appearance.
(ii)He shall not, in any manner, tamper with the prosecution
witnesses.
(iii) If applicant is found involved in similar offence in future, it
will be open for the State to apply for cancellation of bail.
Certified copy as per rules.
Sd/-
(Parth Prateem Sahu)
Judge
Dey