Yashwant Patle v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2392 of 2016 Yashwant Patle S/O - Jay Lal Patle Aged About 45 Years R/O - Village - Patharatola, P.S. - Rengakhar, Tahsil - Bodla, District Kabirdham Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, P.S. Rengakhar, District - Kabirdham Chhattisgarh ---- Non-applicant -------------------------------------------------------------------------------------------------------------- Mr. F.S. Khare, Adv. for the applicant.

Mr. Anil Pandey, Govt. Adv., for the State.

-------------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order on Board 30-5-2016 Heard.

The applicant has been arrested on 1-4-2016 on the allegation of having committed offence punishable under Section 354 of the Indian Penal Code and Sections 6 and 8 of the Protection of Children From Sexual Offence Act, 2012. Case of the prosecution is that in the night, the applicant tried to outrage the modesty of the prosecutrix by removing her clothes. Learned counsel for the applicant submits that it is a case of false implication. It is submitted that before lodging of F.I.R. in this case, the applicant had lodged report in the police station that he has been assaulted by his father-inlaw, mother-in-law and brother-in-law, therefore, it is a case of false implication. On the other hand, learned counsel for the State opposes the prayer for grant of bail to the applicant.

Taking into consideration the nature of allegation and statement under Section 164 of the Cr.P.C. and the statement of prosecutrix, I am not inclined to grant bail to the applicant.

The application is rejected.

Sd/- Manindra Mohan Shrivastava Vacation Judge Pathak