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2025 DAILYLAW 49131 (CHH)

SHAHJADA KHAN URF RAJU KHAN v. STATE OF CHHATTISGARH

MCRC/9435/2025 · 2025-11-20

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Judgment text

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1 2025:CGHC:56768 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9435 of 2025 Shahjada Khan Urf Raju Khan S/o Vaj Khan Aged About 40 Years R/o Housing Board Colony Chilhati, Mopka, Ps Mopka, Bilaspur, Tahsil And District Bilaspur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House O0cer, Police Station Urga, District Korba (C.G.) ... Respondent(s) For Applicant : Mr. Kishore Narayan, Advocate. For Respondent(s)/State : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21.11.2025 1 This is the :rst bail application :led under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 97/2025 registered at Police Station – Urga, District Korba, for the o?ence punishable under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023. 2 The prosecution story, in brief, is that the complainant Ghasiya Bareth made a complaint to the police that his son was in jail in relation to an o?ence under the Protection of Children from Sexual O?ences Act, 2012. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.11.21 17:06:49 +0530 2 The applicant told the complainant that he could help him to secure bail for his son as he had good relation with the Judges and Police O0cers and extorted Rs. 1,25,000/- and cheated him. Accordingly FIR was registered on 02.04.2025 and the applicant was arrested by the police on 04.04.2025. 3 Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. The applicant had merely assisted the complainant and whatever money he had taken from him, was handed over to his lawyer as fees and he has not withheld any money. Since bail was not granted to the son of the complainant, the complainant had made a false complaint against him. He further submits that the wife of the applicant is su?ering from colitis and there is no one to look after her. The applicant is in jail since 04.04.2025 and the conclusion of the trial would take quite long time and as such, he prays that he may be released on bail. 4 On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the applicant has cheated the complainant stating that he would help in securing bail for his son and the nature of o?ence is serious as the applicant had demanded money from the complainant on the name of the Judge and Police authorities. The applicant has number of criminal antecedents and as such, this bail application deserves to be rejected. 5 I have heard learned counsel appearing for the parties and perused the case diary. 6 Considering the facts and circumstances of the case, the submissions of learned counsel for the parties, and the nature of allegation wherein the applicant has extorted money from the complainant luring the 3 complainant that he would get bail orders in favour of his son as he has good relationship with the Judge and Police, which goes to show that he maligned the judicial institution and that the applicant is a habitual o?ender as is evident from the details as provided in paragraph 4 of the bail application which states that the applicant was accused in 11 cases, though they have been disposed of but he is being tried in yet another case of similar nature which is pending consideration, and the applicant has misused the liberty granted to him, therefore, this Court is of the opinion that it is not a :t case to enlarge the applicant on bail. 7 Accordingly, the :rst bail application of the applicant – Shahjada Khan urf Raju Khan involved in Crime No. 97/2025 registered at Police Station – Urga, District Korba, for the o?ence punishable under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023, is rejected. 8 Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9 O0ce is directed to send a certi:ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek