Shakeel Ahmed v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 202 of 2021 • Shakeel Ahmed, S/o Zaleel Ahmed, Aged About 35 Years, R/o House No. 100, Surbhi Colony, Avarbhata, Dentewada District South Bastar, Dantewada (Chhattisgarh).

---- Appellant

Versus

• State Of Chhattisgarh Through Station House Officer Police Station Geedam, District South Bastar, Dantewada (Chhattisgarh).

---- Respondent For Appellant : Mr. Krishna Tandon, Adv.

For Respondent/State : Mr. Devesh Verma, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 09.04.2021

1. The matter is heard through video conferencing.

2. This criminal appeal under Section 14 (A) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, has been filed by the appellant who is apprehending his arrest in connection with Crime No. 20/2017 registered at Police Station- Geedam, District South Bastar, Dantewada(C.G.) for commission of the offence punishable under Sections 294, 354, 354(A), 506-B of IPC & 3(1)

(12) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

3. As per the prosecution case, complainant/victim Hemin Baghel, a member of Scheduled Tribes, has filed the complaint against the appellant that she has approached this appellant for engagement in job. It is alleged that by her that on the pretext of showing the kitchen of the hotel, appellant caught hold of her and outraged her modesty by touching her body parts and when the victim objected, she was abused by naming her social status

and then she was driven out of the place. Based on this, offence was registered against the present appellant.

4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the allegation levelled against the appellant is not based on true facts and there is also delay of one month in lodging the complaint against the appellant, therefore, the present appellant may be released on bail.

5. On the other hand, counsel for the State however opposes this appeal submitting that there is a specific allegation made out against the appellant, therefore no case is made out to release him on bail.

6. After due consideration on the material present in the record, looking to the direct allegation made by the complainant/victim of this case about the appellant outraging her modesty, no case is made out to release the appellant on bail.

7. Accordingly, this appeal filed by the appellant is rejected. Sd/- (Rajani Dubey) Judge Ruchi