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High Court Of ChhattisgarhMCRCA/236/2021rejected

Vikas @ Mona Shivkumar Chandrakar v. State Of Chhattisgarh

2021-06-23Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 236 of 2021 • Vikas @ Mona, S/o Shivkumar Chandrakar, Aged About 22 Years, R/o Village Ghorpendri P.S. Pandatarai Tehsil Pandariya District Kabirdham (Chhattisgarh).

---- Applicant

Versus

• State Of Chhattisgarh Through Arakshi Kendra Pandatarai Tehsil Pandariya District Kabirdham Chhattisgarh.

---- Respondent For Applicant : Mr. Basant Dewangan, Adv.

For Respondent/State : Mr. Roshan Dubey, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 23.06.2021

1. Heard.

2. This application under Section 438 of the Code of Criminal Procedure has been filed by the applicant who is apprehending his arrest in connection with Crime No. 06/2021 registered at Police Station- Arakshi Kendra Pandatarai Tehsil Pandariya District Kabirdham, (C.G.) for commission of the offence punishable under Sections 354, 354(a), 354(d), 341, 294 & 506 of IPC.

3. Case of the prosecution is that, it has been alleged that present applicant used to harass the complainant and also abused her in filthy language. Based on this, offence was registered against the present applicant.

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 applicant has been acquitted from all the charges levelled against him in an antecedent

registered against him in the year, 2018, therefore, the present applicant may be granted anticipatory bail.

5. On the other hand, counsel for the State however opposes the application for anticipatory bail by submitting that an antecedent of similar nature of offence has been registered against the applicant, therefore, applicant may not be released on anticipatory bail.

6. After hearing counsel for the parties and considering the facts and circumstances of the case, especially nature and gravity of crime in question, at this stage, I am not inclined to release him on anticipatory bail.

7. Accordingly, his anticipatory bail application filed under Section 438 of the Code of Criminal Procedure is rejected. Sd/- (Rajani Dubey) Judge Ruchi