High Court Denies Bail in High-Profile Rape and Human Trafficking Case Involving Advocate
Madhya Pradesh High Court upholds the necessity for detailed investigation amidst serious allegations against Yawar Khan, a practicing advocate.
In a significant ruling, the Madhya Pradesh High Court has denied bail to Yawar Khan, a practicing advocate, who faces grave charges of rape and involvement in human trafficking. The decision was delivered by Justice Vishal Mishra, presiding over the case at the Jabalpur bench.
The bail application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, was rejected in light of the serious nature of the allegations and the necessity for further investigation. Yawar Khan, who has been in custody since September 13, 2025, stands accused under several sections of the Indian Penal Code, including Sections 363, 366-A, 376, 376(2)(n), 376(2)(cha), 370, 419, and 120-B, along with charges under the Protection of Children from Sexual Offences (POCSO) Act, 2012.
During the proceedings, the victim identified Khan as the perpetrator, alleging multiple instances of rape and his involvement in forcing her into human trafficking. The court noted that the victim's statement during her examination-in-chief provided new insights, necessitating a comprehensive investigation.
The defense, led by Senior Advocates Shri Vivek Kumar Tankha and Shri Shashank Shekhar, argued that Khan's arrest was procedurally flawed, citing a lack of adherence to Section 319 of the Code of Criminal Procedure. They contended that the police should have sought directions from the trial court post-charge sheet submission. Moreover, the defense highlighted Khan's longstanding career as an advocate to assert his credibility.
However, the prosecution, supported by Deputy Advocate General Shri B.D. Singh, contended that the victim's testimony substantiated the charges against Khan. They emphasized the victim's explanation for her delayed identification of Khan, which she attributed to not knowing his name initially. The prosecution further argued that the trial court's decision to refer the matter for police investigation was within legal bounds, referencing Supreme Court precedents that endorse further investigation when new facts emerge.
The court, considering the victim's allegations and the potential threat to her safety, underscored the gravity of the charges and the need for a thorough probe. Previous charges against Khan, dating back to 2013, were also highlighted, suggesting a pattern of behavior that necessitated stringent scrutiny.
Citing judgments from the Supreme Court, including State through Central Bureau of Investigation v. Hemendra Reddy and Hasanbhai Valibhai Qureshi v. State of Gujarat, the court reinforced the magistrate's power to order further investigations, especially when new evidence comes to light.
The High Court's decision aligns with the prosecution's stance that Khan's activities, if proven, represent a severe breach of legal and moral conduct, particularly given his profession. The ruling emphasizes the judiciary's role in ensuring justice, especially in cases involving vulnerable victims and heinous crimes.
Bottom Line:
Bail application rejected on the grounds of specific allegations of rape and involvement in human trafficking, requiring detailed investigation.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483, Indian Penal Code Sections 363, 366-A, 376, 376(2)(n), 376(2)(cha), 370, 419, 120-B, Protection of Children from Sexual Offences Act, 2012 Section 3/4.
Yawar Khan v. State of Madhya Pradesh, (Madhya Pradesh)(Jabalpur) : Law Finder Doc Id # 2787051
