Bhuvneshwar Bhardwaj v. State Of Chhattisgarh

NAFR HIGH COURT of CHHATTISGARH, BILASPUR MCRCA No. 645 of 2021 • Bhuvneshwar Bharadwaj S/o Shri Mohitram Bharadwaj, aged about 35 years, Occupation Service R/o village Kosmanda, P.S. & Tah Dabhra District Janjgir-Champa, Chhattisgarh. -----Applicant

VERSUS

• State of Chhattisgarh through: Thana In charge, Dabhra, District Janjgir-Champa, Chhattisgarh -------Respondent For Applicant : Mr. Rajendra Tripathi, Advocate For Respondent- State : Ms. Anjali Singh Chouhan, P.L. (proceedings through video conferencing) Hon'ble Shri Parth Prateem Sahu, Judge

ORDER

09/08/2021 1.

Applicant has preferred this application under Section 438 of CrPC for grant of anticipatory bail as he apprehends his arrest in connection with Crime No.116/2021 registered at Police Station Dabhra, District Janjgir-Champa (C.G.) for the offence punishable under Sections 456, 354 of IPC.

2.

As per the case of prosecution, in the intervening night of 07/ 08.03.2021 applicant entered into the house of complainant with ill intention at about 02:00 am and tried to caught hold her hand and arm, complainant objected and screamed upon which her motherin-law, who was sleeping outside the room, woke up. Looking to the objection raised by the complainant, applicant tied to ran away, he was caught hold by the mother-in-law of complainant, to whom applicant gave two slaps and ran away.

3.

Mr. Rajendra Tripathi, learned counsel for the applicant submits

that there was no occasion by the applicant to enter into the house and make attempt of making physical relationship, the allegation as levelled against the present applicant is false and frivolous, hence he may be enlarged on bail.

4.

On the other hand, Ms. Anjali Chouhan, learned State counsel opposes the submissions made by learned counsel for the applicant and submits that the allegations levelled against the present applicant are serious in nature. She read-over the F.I.R. in support of her contention.

5.

I have heard learned counsel for the respective parties. 6.

Taking into consideration the nature of allegation levelled, fact that the applicant made attempt of sexual assault upon the complainant by entering into her house, while escaping from the place assaulted mother-in-law of complainant, I do not find it a fit case to enlarge the applicant on anticipatory bail. 7.

Accordingly, bail application is hereby dismissed. Sd/- (Parth Prateem Sahu) Judge Pawan