Vajid Khan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1719 of 2021 Vajid Khan S/o Majid Khan Aged About 40 Years Village Komakhan Thana Komakhan District Mahasamund Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through The Police Station House Officer Thana Komakhan District Mahasamund Chhattisgarh ----Non-applicant For Applicant :

Mr. Deepak Jain, Advocate For State :

Mr. Rakesh Sahu, Deputy G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 19/05/2021 1.

This is an application filed under Section 439 Cr.P.C. for grant of bail to the applicant, who has been arrested in connection with Crime No. 31/2021 registered at Police Station Komakhan, District Mahasamund, Chhattisgarh for the offence punishable under Sections 376(2)(n) of the Indian Penal Code and Section 6 of Protection of Children from the Sexual Offences Act, 2012. 2.

The present applicant is in jail since 23.02.2021 in connection with the aforesaid Crime number.

3.

The case of the prosecution is that the present applicant is said to have introduced the main accused in the present case namely Raju Jain to the prosecutrix, who then befriended the prosecutrix and later on is said to have sexually ravished the prosecutrix. That subsequently and on a complaint made by the prosecutrix, the offence has been registered.

4.

The counsel for the applicant submits that from the entire contents of the case diary, the only allegation against the present applicant is

that he was instrumentally in introducing Raju Jain to the prosecutrix. Apart from the said allegations, there is no other role whatsoever played by the present applicant in the commission of the offence so charged and leveled against the present applicant. 5.

This fact is not controverted by the learned State counsel, however he submits that the role of the present applicant became instrumental in introducing the co-accused Raju Jain coming in contact with the prosecutrix and who subsequently sexually ravished her.

6.

Having heard the contentions put forth on either side and on perusal of record, taking into consideration the total allegations that have been leveled against the applicant herein, which is that of only introducing Raju Jain to the prosecutrix that too one year ago, a strong case for grant of bail has been made out. Accordingly, the present application for grant of bail is allowed. 7.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- with two sureties in the like sum to the satisfaction of the concerned Court for his appearance before the said Court as and when directed. Sd/- (P. Sam Koshy) Judge Ved