Chattisgarh High Court
Tamid Khan @ Taimit Khan vs State Of Chhattisgarh on 14 November, 2024
2024:CGHC:44653
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 4684 of 2024
1 - Tamid Khan @ Taimit Khan S/o Late Sahban Khan Aged About 37 Years R/o
Ward No. 12 Jhanjhnagar, Salhewara, District : Khairagarh-Chhuikhadan-Gandai,
Chhattisgarh
... Applicant
versus
1 - State Of Chhattisgarh Through Station House Officer, Police Station- Salhewara,
District : Khairagarh-Chhuikhadan-Gandai, Chhattisgarh
... Respondent
(Cause title is taken from the CIS)
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For Applicant : Ms Sonia Kuldeep, Advocate For Respondent/State : Shri Mayur Khandelwal, PL
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Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 14.11.2024
1. Heard on the application filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS, 2023). This is the first bail application before this Court filed by the applicant for grant of regular bail.
2. The applicant was arrested on 21.04.2024 in connection with Crime No.2 of 2024 registered at PS- Salhewara, District- Khairagarh-Chhuikhadan- Gandai, Chhattisgarh for the offence punishable under Sections 376(2)(n), 376(3, 294, 323, 506 of the IPC, and Section 6 of the POCSO Act, 2012, and Section 3(1)(xii) of the SCST (Prevention of Atrocities) Act, 1989.
Mcrc 4684 of 2024 2
3. Case of the prosecution in brief is that on 18.01.2024, prosecutrix has lodged a written report to the Police alleging therein that on 10.01.2024, when she had gone to Baihar (MP) to perform in dance programme with the group, after the performance, she stayed at the house of one Govind. During the period, on 13.01.2024, applicant called her through Mobile Phone that he required a girl to perform in dance programme. At about 7.30 pm, applicant took her on his Motorcycle to his house, and from there, they went towards Salhetekri on Car, and in the Car itself, he committed marpeet with her and thereafter, he committed rape upon her. By the incident, she became unconscious. He took her to his house and again committed rape upon her and threatened her. In the next morning, somehow, she could save herself, and went to a temple nearby, and informed a person, who present there, and thereafter, with the help of those persons, she returned to her house, and informed the incident to her parents. FIR has been registered against the applicant, in which he was arrested on 21.01.2024, and charge-sheet has been filed.
4. Learned counsel for the applicant would submit that there is inordinate delay in lodging the report. There is dispute between the parties with respect to payment for dance programme given by the prosecutrix, for which she demanded exorbitant amount. When the applicant refused to pay the said amount, she lodged report against him. Applicant is in jail since 21.01.2024, and final adjudication of the case will take its own time. Hence, the applicant may be enlarged on bail.
5. On the other hand, learned State counsel opposes the bail application, and would submit that delay in lodging the report has been explained by the Mcrc 4684 of 2024 3 prosecutrix in her written complaint itself. He would also submit that there is statement of witness, who present in the temple before whom the prosecutrix appeared after the incident, in scary condition, and informed her the incident. Prosecutrix being a minor girl, was subjected to rape by the applicant, for which report has been lodged, therefore, applicant is not entitled for bail.
6. Considering the submissions made by learned counsel for the parties, also considering the nature of allegations, and material collected by the prosecution during investigation, further, age of the prosecutrix, and also statement of the witnesses, I am not inclined to allow this bail application. Accordingly, it is rejected.
Certified copy as per rules.
Sd/-
(Ravindra Kumar Agrawal) JUDGE padma