NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1234 of 2023 Order reserved on 13.02.2024 Order pronounced on 11.03.2024 Atul Shukla, S/o. Shri Sudama Shukla, Aged 53 years, R/o. Green Park Colony, Jarhabhatha, P.S. Civil Line, Bilaspur, District Bilaspur (CG)

---- Applicant Versus State of Chhattisgarh Through Police Station Civil Line, District Bilaspur (C.G.)

--- Respondent __________________________________________________________

For the Applicant : Ms. Fouzia Mirza, Sr. Advocate with Ms. Smriddhi Shukla, Advocates For State/ Respondent : Mr. Sourabh Pande, Dy. AG with Mr.Gary Mukhopadhyay, Govt.

Advocate and Mr. Ruhul Ameen Memon, PL For the Objector : Ms. Anamika Shrivastava, Advocate _________________________________________________________

Hon'ble Shri Justice Narendra Kumar Vyas

CAV Order

1. This is the first bail application filed by the applicant under Section 438 of the Code of Criminal Procedure, 1973, for grant of anticipatory bail, who has apprehension of being arrested in connection with Crime No. 866/2023, registered at Police Station– Civil Line, Bilaspur District Bilaspur (CG) for the offence punishable under Sections 294, 363,506, 34 of the IPC.

2. Case of the prosecution, in brief, is that the victim lodged the written complaint before Police Station Civil Line alleging that while she was working as house keeping in Manya Hospital and on the allurement of earn more money, accused Sabaa Khan inducted her for prostitution. It is the case of the prosecution that accused Saba Khan with applicant Atul Shukla and co-acucsed Deepak Singh captured obscene video of the victim with Dr. Abhijit Raijada and by sending some photographs on the mobile of Dr. Abhijit Raijada started blackmailing, demanding money from Dr. Abhijit Raijada. It is also case of the prosecution that the victim under impression that Dr. Abhijit Raijada will lodge FIR, the co-accused Saba Khan, Atul Shukla and Deepak Singh have forceful kidnapped the victim and took her to Kota, Raipur, Nagpur and Uttar Pradesh where they threatened to kill her, committed marpit with her and ultimately she was taken to Berla and then to Bilaspur where she was kept in rented house. It is also case of the prosecution co-accused Saba Khan, Deepak Singh have kidnapped her on the pretext of making viral of her video, as such, she has lodged the FIR. It is also the case of the prosecution that the complainant has alleged that when she was residing at rented house about 10 O’clock Saba Khan has visited her and taken her to a car which was standing near the house. As soon as she sat in the car the driver has looted her mobile and took them to Belha. The co-accused Saba Khan has told that Syber Cell of the department is searching then she told her that she will go to cyber call and will explain thereafter Saba Khan and driver have threatened her. The accused has called Deepak Singh and talked to victim informing him that he has made video of Dr.

Raijada and threthened her to lodge FIR against Dr. Raijada for commission of offence of rape, otherwise, she will be murdered. Thereafter they have taken her to an advocate in the High Court, Bilaspur where they forcefully took out her signature on many blank papers and submitted the same in the office of Superintendent of Police, Bilaspur thereafter, the Saba Khan has taken her in a hotel wherein the present applicant was there and when she requested him to forgive him he has refused and told him that unless the issue is settled she will be live with them and when the victim has forcefully told them then they advised that she may be lived with her relative and accordingly she started living with her sister at Berla. It is further alleged that Saba Khan and Deepak Singh have broken her mobile. It is also the case of the prosecution that the victim met Saba Khan when she was working in the Manya Hospital wherein Saba Khan insisted her for prostitution. It is also alleged by the victim that the present applicant told her that Dr. Raij