Mohammed Shehbaz v. The State Of Telangana And Another

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.4426 OF 2022 ORDER:

This Criminal Petition is filed under Sections 437 and 439 of Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking regular bail to the petitioner who is arrayed as sole Accused in Crime No.735 of 2022 on the file of Rajendranagar Police Station, Cyberabad Commissionerate for the offence punishable under Section 354-D of Indian Penal Code and Section 11(iv) read with Section 12 of POCSO Act, Section 3(1)(w)(ii), 3(2) (Va) of SC/ST Act.

2.

Heard learned counsel for the petitioner/Accused and the learned Public Prosecutor for the respondent-State. Notice is served on the 2nd respondent/victim which is not disputed by the learned Public Prosecutor. Perused the record.

3.

It is the case of the prosecution that the victim girl who is a student filed a complaint stating that the petitioner was acquainted with her and stalked her. She scolded the petitioner when he proposed to her and the victim refused the proposal stating that

they belonged to different communities. However, the petitioner had taken some photographs of the victim girl and started threatening the victim girl and in the said process blackmailed the victim and the victim made payments through G-pay to the petitioner.

4.

Learned counsel for the petitioner/Accused submits that the allegations leveled against the petitioner are in correct and the amounts were transferred pursuant to the petitioner's mother giving loans to the victim's family. By quoting the said financial transactions, the said false allegation of blackmail is made. Therefore, prayed to grant bail to the petitioner/Accused. 5.

On perusal of the record, no photographs of the alleged blackmail are filed or produced in the Court by the police. Further, the offences alleged are punishable upto three years. In the said circumstances, as the petitioner is in jail since 23.04.2022 and the petitioner being a student, this Court is inclined to grant bail to this petitioner/Accused.

6.

Accordingly, the Criminal Petition is allowed and the petitioner/Accused is granted bail subject to the following conditions:

i) The petitioner/Accused shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a like sum each to the satisfaction of XIV Additional Metropolitan Magistrate, Cyberabad at Rajendranagar, Ranga Reddy District.

ii) The petitioner/Accused shall appear before the concerned Station House Officer on every Sunday between 10.30 AM and 01.00 PM for a period of two (02) months or until filing of charge sheet, whichever is earlier.

iii) The petitioner/Accused shall abide by the other conditions stipulated in Section 437(3) of Cr.P.C.

Miscellaneous applications, pending if any, shall stand closed. _____________ K.SURENDER, J Date: 07.06.2022 ns