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Synopsis

The Supreme Court on Friday, has granted bail to a man, Bhurekhan, accused of forceful conversion and threatening to leak a woman’s video, despite a Gujarat HC order denying it.

A bench of Justices Abhay S Oka and Ujall Bhuyan pointed out that the present FIR, filed by a woman claiming to be his wife, implicated the members of Khan’s family, granting the appellant bail.

The order comes obliteration of an impugned judgment of the Gujarat High Court of Justice Hasmukh D Suthar. According to the HC, the investigation had revealed “sufficient evidence” against the accused so as to deny him bail. It was also the court’s opinion that Khan’s involvement in the case, was prima facie apparent and that enlarging him on bail could result in tampering of evidence.

“It is needless to say that after filing the complaint, during the investigation, sufficient material is collected against the present accused and strengthened circumstance is against the present accused and prima facie, it appears that involvement of accused and role attributed to the present applicant in the offence,” HC pointed out.

Court further said, “This Court is of the considered opinion that if the present accused is enlarged on bail, which is nothing but possibility can be ruled out that accused will misuse his liberty and tamper with witnesses of evidence of prosecution and appellant is having criminal antecedents and two offence are also registered against him”.

At the High Court, the public prosecutor had vehemently opposed the bail of the accused man. A case had been filed against Khan under Section 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “Atrocity Act”) and several other provisions of the Indian Penal Code.

In fact, an earlier order by the trial court had rejected the bail plea of Khan, among other accused persons. 

On Friday, the top court said that,

“… appellant shall be produced before the Trial Court within a period of one week from today. The Trial Court shall enlarge the appellant on bail on appropriate terms and conditions.“

Case Title: Bhurekhan @ Akramkhan Ganikhan Pathan Vs State of Gujarat