Advocates:
['Navin Shukla', '', 'ALI AFZAAL MIRZA', 'A G']

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MCRC No. 51 of 2022

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRC No. 51 of 2022

• Mohammed Bashir S/o Mohammed Shabana Aged About 46

Years R/o Behind Rumjani Baba Mazaar, Talapara, Police Station-

Civil Line Tahsil And District- Bilaspur, Chhattisgarh

---- Petitioner

Versus

• State Of Chhattisgarh Through Station House O昀케cer, Police

Station- Civil Line, Tehsil And District Bilaspur, Chhattisgarh

---- Respondent

For Applicant

Ms. Fouzia Mirza, Senior Advocate with Mr.

Mr. Rahim Ubwani, Advocate

For Respondent /State

Mr. BP Banjare, Dy. GA

SB.: Hon'ble Mr. Justice Deepak Kumar Tiwari

Order On Board

28/3/2022

1. Heard.

2. Despite service of notice, the prosecutrix/victim did not appear

before this Court on 14.2.2022.

3. This is an application 昀椀led under Section 439 of the Code of

Criminal Procedure for grant of regular bail to the applicant,

who has been arrested in connection with Crime No.1462/2021,

registered at Police Station Civil Line, Bilaspur, District Bilaspur

(CG) for the o昀昀ence punishable under Section 354 of the IPC

and Section 8 of the POCSO Act.

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MCRC No. 51 of 2022

4. The case of the prosecution is that the victim, a minor girl aged

about 10 years, used to take tuition from the present applicant

to learn Urbu and Arabic in his house along with 10-15 children

(boys and girls). The allegation against the present applicant is

that he outraged the modesty of the prosecutrix/victim. It is

further alleged that earlier also, the applicant has committed

such act with another girl student, due to which, the said girl has

the left the tuition classes. Hence, the o昀昀ence is registered.

5. Learned counsel for the applicant submits that the applicant is

innocent and has been falsely implicated in the case. On the

date of the incident, the victim has not done her homework, due

to which, the applicant became annoyed. Subsequently, after

about 8 days, on 18.12.2021, a false complaint has been lodged

against the applicant. He further submits that on 18.12.2021,

the applicant has also lodged a complaint against the father of

the victim. The applicant is in jail since 19.12.2021 and the

conclusion of the trial may take time, therefore, learned

counsel prays for releasing the applicant on regular bail.

6. On the other hand, learned counsel for the State opposes the

bail application.

7. Having considered the submissions of learned counsel for the

parties particularly considering the period of detention, I am of

the opinion that present is a 昀椀t case to release the applicant on

regular bail.

8. Accordingly, the application is allowed and the applicant is

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MCRC No. 51 of 2022

directed to be released on bail on his furnishing a personal bond

for a sum of Rs.10,000/- with one surety in the like amount to

the satisfaction of the trial Court. He is directed to appear

before the trial Court on each and every date given by the said

Court.

9. Certi昀椀ed copy as per rules. Sd/-

( Deepak Kumar Tiwari)

Judge

Shyna