Madhya Pradesh High Court
Fazel @ Faizal vs The State Of Madhya Pradesh on 4 May, 2018
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.14991/2018
Jabalpur Dated, 04/05/2018
Shri Narayan Dubey, learned counsel for the applicant.
Shri V.S. Mishra, Dy. Govt. Advocate for the respondent-
State.
Heard with the aid of the case diary.
This is first bail application filed under Section 439 of the Cr.P.C. by applicant Fazal @ Faizal in connection with Crime No. 18/2018 registered at Police Station Cyber Cell, District Bhopal for the offences punishable under Sections 384, 354C, 354D, and 34 of the IPC, 66E, 67B of I.T. Act, 2000, 11/12, 13/14 of the Protection of Children from Sexual Offences Act, 2012.
As per prosecution case, applicant and co-accused Ejaj Ahmed extorted money and jewellery from the prosecutrix telling her that they had clicked her obscene photographs and threatened her to send them to her parents and uploading them on the website. This way they extorted Rs. 95,000/- and two gold earrings from the complainant. Co-accused Ejaj Ahmed also posted obscene photographs of complainant on Instagram.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the offence. He submits that police implicated him in the crime only on the basis of memorandum of co-accused. There is no direct evidence on record to connect the applicant with the crime. The alleged offence occurred in the month of February, 2017, while prosecutrix lodged the report on 01/02/2018. There is no evidence on record that applicant took Rs.95,000/- and gold ornaments from the prosecutrix. The charge-sheet has already been filed. The applicant is in custody since 06.02.2018 and the conclusion of trial will take time, hence prayed for release of the applicant on bail.
On the other hand, learned counsel for the respondent/State opposed the prayer and submitted that sufficient evidence is available against the applicant to connect him with the crime. The police seized Rs.4,500/- and one mobile from the possession of the applicant which were used for sending messages to the prosecutrix. Applicant blackmailed complainant who was minor at the time of incident, so he should not be released on bail.
Looking to the fact that Police did not seize jewellery from the possession of the applicant which was allegedly extorted by the applicant from the prosecutrix and the statement of the prosecutrix that applicant took Rs.95000/- or gold from her, is based on assumption. Police did not conduct test identification parade of the applicant in this regard. The charge sheet has been filled, the applicant is in custody since 06.02.2018 conclusion of the trial will take time, without commenting on merits of the case, the application is allowed and the applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the concerned C.J.M./trial court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.
This order will remain operative subject to compliance of the following conditions by the applicant;
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which are accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
Certified copy as per rules.
(RAJEEV KUMAR DUBEY) JUDGE dixit/-
Digitally signed by MAHENDRAKUMAR DIXIT Date: 2018.05.05 12:05:19 +05'30'