Preeti Pandey vs State Of Chhattisgarh

Since all the bail applications are arising out of same crime number and same Police Station, they are being heard and decided by this common order.

These are first bail applications filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicants, who have been arrested in connection with Crime No. 538/2022 registered at Police Station Chirimiri, District : Manendragarh-Chirmiri-Bharatpur (C.G.) for the offence punishable under Sections 363, 366A, 368, 376DA of I.P.C. and Sections 4, 5 (g), 6, 17 of the POCSO Act.

Facts of the case, in brief, are that applicant Preeti Pandey allured minor victim/ prosecutrix and took her to Nagpur where she along with other applicants administered her some toxic substance in coca cola cold drink and thereafter co-accused Sahnawaz Ali, Anurag Shukla @ Annu @ Anna and Ahed Ahmed @ Sonu committed gang rape with the victim/prosecutrix. Based on above fact present crime has been registered against the applicants.

Learned counsel for the applicant Preeti Pandey would argue that applicant is innocent and she has been falsely implicated in the crime in question. It is further submitted that FIR has been lodged after 7 months of the alleged incident. It is next submitted that extortion money was demanded by the victim/ prosecutrix which was not given, hence, she has been implicated in the instant case and victim and her mother had stated her name in their deposition. It is also submitted that two cases have been registered of alike crime, in respect of same victim, against the applicant which also shows false implication in the case. It is further submitted that applicant is in jail since 6.10.2022; charge-sheet has already been filed, therefore, she may be enlarged on bail.

Learned counsel for the applicants Sahnawaz Ali, Anurag Shukla @ Annu @ Anna and Ahed Ahmed @ Sonu would submit that these applicants are innocent and have been falsely implicated in the present crime. It is further submitted that statement of victim/ prosecutrix and her mother have been recorded before the POCSO Court, but, they have not identified the applicants namely Sahnawaz Ali, Anurag Shukla @ Annu @ Anna & Ahed Ahmed @ Sonu, in respect of their involvement in alleged crime. It is also submitted that applicants are in jail since October, 2022; charge-sheet has already been filed and conclusion of trial is likely to take long time, hence, applicants may be enlarged on bail.

Per contra, learned State counsel opposes the bail application.

Ms. Supriya Upasane, learned counsel for the objector would submit that she has no objection in granting bail to the applicants namely; Sahnawaz Ali, Anurag Shukla @ Annu @ Anna & Ahed Ahmed @ Sonu.

I have heard learned counsel for the parties and perused the case diary as well as the material available on record.

Having regards to the facts and circumstances of the case particularly considering the deposition of victim/ prosecutrix and her mother, certified copy of which has been filed by the applicant in which they have specifically named applicant Preeti Pandey, in respect of involvement in the alleged crime, hence, I do not feel inclined to grant bail to applicant Preeti Pandey. Therefore, bail application filed by applicant Preeti Pandey i.e., MCRC No.10066/2022 is dismissed.

So far as bail applications of applicants Sahnawaz Ali, Anurag Shukla @ Annu @ Anna & Ahed Ahmed @ Sonu are concerned, looking to the statements of victim / prosecutrix and her mother in which they have not stated the involvement of these applicants and even they have not identified them; applicants are in jail since about 6 months; charge-sheet has already been filed and conclusion of trial is likely to take some time, I feel inclined to allow these bail applications. Therefore, bail applications of applicants Sahnawaz Ali, Anurag Shukla @ Annu @ Anna & Ahed Ahmed @ Sonu i.e., MCRC No.492/2023 & 681/2023 are allowed.

It is directed that applicants shall be released on bail on each of them furnishing one personal bond for a sum of Rs. 50,000/-along with two sureties in the like sum to the satisfaction of the concerned trial Court on conditions that-

Applicants shall appear before the trial Court regularly on each and every date, unless exempted from appearance.

Applicants shall not, in any manner, tamper with the prosecution witnesses.

If applicants are found involved in similar offence in the future, it will be open for the State to apply for cancellation of bail.

Certified copy as per rules.