Uday Shankar Kewart @ (Chhota) v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 508 of 2021 • Uday Shankar Kewart @ (Chhota) S/o Leelaram Kewart, aged about 19 years, R/o village Lawer (Bhothidih), P.S. & Tahsil Masturi, District Bilaspur (C.G.) ---- Applicant

Versus

• State of Chhattisgarh - Through : Station House OfÏcer, Police Station Masturi, District Bilaspur (C.G.) ---- Respondent For Applicant :

Mr. Lekhram Dhruw, Advocate.

For Respondent. :

Mr. Roshan Dubey, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board /07/2021 Proceeding through video conferencing.

1.

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 Number 78/2021 registered at Police Station - Masturi, District Bilaspur (C.G.) for the offence punishable under Sections 323, 324, 354(D) of Indian Penal Code.

2.

The prosecution story, in brief, is that minor daughter of the complainant is studying in 10th class. She told her father that the applicant used to stalk her while going to school and always kept staring at her. The applicant has been stalking and molesting her. When she objected the applicant, he assaulted her with bangle (dMk) as a result of which she sustained injuries over her eyes and face. Based on this,

offence has been registered against the applicant. 3.

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 applicant is a student and pursuing his study and if is arrested in the crime in question, his life will be spoiled. He also submits that the applicant is ready to abide by all the directions and conditions which may be imposed upon him by the Hon'ble Court while granting the anticipatory bail.

4.

Counsel for the State however opposes the application for anticipatory bail. Learned State counsel submits that the applicant used to keep evil eye on the daughter of the complainant, who is minor. When she objected the applicant, he assaulted her with bangle (Kara) as a result of which she sustained injuries on her face.

5.

I have heard learned counsel for the parties and perused the record.

6.

Considering the facts and circumstances of the case, nature of offence and further considering the quality of evidence against the applicant, I am not inclined to release the applicant on anticipatory bail.

7.

Accordingly, the application is rejected.

Sd/- (Rajani Dubey) pkd Judge