Moh. Salman Khan & ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3557 of 2020

1. Mohd. Salman Khan, S/o Mohd. Samshud Khan, Aged about 22 years, R/o Sanjay Nagar, Railway Station, Near Rani Narsari, Ward No. 11, PS Kotwali, Korba, District Korba (C.G.)

2. Vikash Soni, S/o Anil Soni, Aged about 21 years, R/o Sanjay Nagar, Near Navda Pandal, PS Kotwali, Korba, District Korba (C.G.)

3. Rahul Maravi, S/o Haridayal Maravi, Aged about 19 years, R/o Tata Vihar, Atal Awas, House No. 41, PS Kotwali, Korba, District Korba (C.G.)

4. Rajat Chaturvedi, S/o Jagdish Chaturvedi, Aged about 19 years, R/o Sanjay Nagar, Near Navda Pandal, PS Kotwali, Korba, District Korba (C.G.) ---- Applicants

Versus

• State of Chhattisgarh, Through - PS Kotwali, Ambikapur, District Surguja (C.G.) ---- Respondent For Applicants : Mr. Rajeev Kumar Dubey, Advocate.

For Respondent/State : Mr. Ayaz Naved, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 21.07.2020 • Heard.

• Admit.

• The accused/applicants have moved their first bail application under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in connection with Crime No. 169/2020 registered at Police Station- Kotwali, Ambikapur, District Surguja (C.G.) for the offence punishable under Sections 363 and 366(a)/34 of Indian Penal Code. • According to the prosecution story, the applicant Mohd. Salman Khan and the prosecutrix were Facebook friends and were having regular conversation on cell phone. On the request of the prosecutrix on 14.03.2020, the applicant came to meet her along with his friends, who are the other applicants in present case, after which the prosecutrix started insisting and threatening Mohd. Salman Khan that either she would go along with him or

she would kill herself and went along with them, after which an FIR was lodged by the prosecutrix's mother.

• Learned counsel for the applicants submits that the applicants have been falsely implicated in the aforesaid case. He further submits that there is a love affair between the prosecutrix and the applicant Mohd. Salman Khan. Other applicants have been deliberately included in the present case by the complainant. He next contended that the applicants are in jail since 15.03.2020, therefore, they may be granted bail.

• On the other hand, counsel for the State opposes the bail application.

• I have heard learned Counsel for the parties. • Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of the applicants, as trial is likely to take some time, without further commenting on merits of the case, I am inclined to release them on bail.

• Accordingly, the bail application is allowed. • It is directed that the applicants shall be released on bail on executing a personal bond for a sum of Rs. 25,000/-, each with one local surety for the like amount to the satisfaction of the trial Court for their appearance before the said Court as and when directed.

Sd/- (Rajani Dubey) Judge Vasant