Kamran Beg vs State Of Chhattisgarh

Ravindra Kumar Agrawal, J

Pursuant to the order dated 06.05.2024 the notice issued to the complainant has been served but no one appears on her behalf to make submission.

Heard.

The applicant has preferred this first bail application under Section 439 of Cr.P.C., as he has been arrested in connection with Crime No. 57/2024, registered at Police Station – Torwa, District – Bilaspur (C.G.) for the offence punishable under Section 363, 366, 376, 109, 34 of IPC and Section 16 & 17 of Protection of Children from Sexual Offences Act, 2012 (in short ‘POCSO’) Act. On 24.04.2024, the charges have been framed against the applicant for the offence under Section 376/114 of IPC and Section 16 and 17 of POCSO Act.

The prosecution story in brief is that on 09.02.2024, the father of the prosecutrix have lodged the missing report alleging in it that his minor daughter aged about 13 years 11 months is missing since 08.02.2024 and her whereabout could not be traced out. The police has registered the offence under Section 363 of IPC and started the investigation. During the investigation the prosecutrix is recovered on 10.02.2024, who was found at Uslapur railway station and her parents have taken her to police station. Her 161 of Cr.P.C. statement has been recorded in which she disclosed that she eloped with the co-accused and had gone to Uttar Pradesh and she made statement against the present applicant that he is the brother of the main accused when she reached at the house of the present applicant at Uttar Pradesh, he objected as to why they came there and taken her back to Bilaspur by train and left her at Uslapur railway station. She also made statement that the present applicant has informed the parents of the prosecutrix and then they came to Uslapur railway station and taken her back with them. Against the co-accused the police has added the offence under Section 366, 376, 109 and 34 of IPC and Section 16 and 17 of POCSO Act in which the present applicant has also been arrested on 27.02.2024.

Learned counsel for the applicant would submit that the main allegation is against the co-accused Imran Beg whereas there is no allegation of any act of rape against the present applicant. Being the brother of main accused Imran Beg, he has falsely implicated in the offence. He would further submit that when the main accused and prosecutrix came to his house at U.P., he objected and he himself taken her back to Bilaspur and informed the parents of the prosecutrix, he was never intended to conceal them or to give them shelter and have never abated the main accused for any offence. The charge has been framed against the applicant under Section 376/114 of IPC and under Section 16 & 17 of POCSO Act. He would further submit that the present applicant is in jail since 27.02.2024 and the charge-sheet has been filed and final adjudication will take its own time and therefore, he may be released on bail.

On the other hand, learned counsel for the State opposes however he and would submit that as per material available in the case diary there is no allegation of rape against the present applicant.

I have heard learned counsel for the parties and perused the case diary.

Considering the submission made by learned counsel for the parties, considering that there is no allegation of rape against the present applicant and considering the statement of the prosecutrix made under Section 161 of Cr.P.C. that the present applicant has taken her back to Bilaspur and inform her parents about her whereabout, he is in jail since 27.02.2024 and the final adjudication of the case will take its own time, without commenting anything on merits, I am inclined to release the applicant on bail.

Consequently, this application filed by the applicant Kamran Beg under Section 439 of Cr.P.C. for grant of regular bail is hereby allowed.

It is directed that the applicant Kamran Beg shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, on following conditions:-

(i) He Shall not directly or indirectly make any inducement,threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court.

(ii) He shall not act in any manner which will be prejudicial to fair and expeditious trial.

(iii) He shall appear before the trial Court on each and every date given to him by the concerned trial Court till disposal of the trial. Unless his personal appearance is exempted by the learned trial Court.