Riyaaz v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet MCRCA No. 428 of 2018 (Arising out of Crime No. 446/2017 registered at PS-City Kotwali, DistrictBilaspur C.G. for the offence punishable under section 354 of IPC and section 12 of the Protection of Children from Sexual Offences Act) ---------- Riyaaz S/o Mohammad Alauddin Aged About 20 Years R/o Tikrapara Behind Old High Court, P. S. City Kotwali, Dist. Bilaspur Chhattisgarh. ---Petitioner

Versus

State of Chhattisgarh through P. S. City Kotwali, Dist. Bilaspur Chhattisgarh. --- Respondent 12.04.2018 Mr. Amit Kumar, Counsel for the applicant Mrs. Madhunisha Singh, Panel Lawyer for the State. This is second bail application seeking grant of anticipatory bail.

The first bail application was dismissed in default. As per the prosecution case, a report was made by the victim on 23.10.2017 that when her parents had gone outside, the complainant came to her and asked her to accompany him and tried to force her to talk with him. Having refused, the applicant abused and extended threat that her name would be tarnished. It is further alleged that the applicant used to follow and taunt her from the time of her school going days and when she gave up her studies and joined the vocational course for learning stitching and embroidery works, again the applicant started to follow and taunt her, thereby the offence has been committed.

Learned counsel for the applicant submits that false allegations have been attributed against the present applicant and the degree of offence cannot be said to be grave in nature and the applicant may be enlarged on anticipatory bail. Per contra, learned State counsel opposes the bail application.

Perused the statement of victim girl aged about 16 years. Considering the same, it is not a fit case to admit the applicant to anticipatory bail. Accordingly, this bail application is rejected. Sd/- GOUTAM BHADURI JUDGE R a o