Alijama Ansari v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.1068 of 2018 • Alijama Ansari S/o Mohd. Karim Ansari Aged About 62 Years R/o Ghutrapara, Mayapur, Ward No. 41, P.S. Ambikapur District Sarguja Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Ambikapur District Sarguja Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh -- Respondent For Petitioner :

Shri PK Patel, Advocate For Respondent/State:

Shri Chandresh Shrivastava, PL Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 13/04/2018 Heard.

2.

The applicant has moved this application under Section 439 of the Cr.P.C. for grant of regular bail in connection with Crime No.161/2017 registered at Police Station Ambikapur, District Surguja for the offence punishable under Section 354 of IPC and Section 8 of the Protection of Children from Sexual Offences Act, 2012.

3.

Case of the prosecution is that the applicant entered into the house of the prosecutrix, who is stated to be 13 years of age and outraged her modesty. 4.

Learned counsel for the applicant would submit that the applicant is a landlord and the prosecutrix is a tenant. It is submitted that the applicant is being falsely implicated in this case because of dispute between the landlord and tenant.

5.

On the other hand, learned State counsel opposed the prayer for grant of bail.

6.

Taking into consideration the submission of learned counsel for the parties, particularly taking into consideration the statement of the prosecutrix

recorded under Section 164 Cr.P.C. before the Magistrate, I am not inclined to grant bail to the applicant.

7.

Accordingly, the application is rejected.

SD/- ( Manindra Mohan Shrivastava) J U D G E Tumane