Dhannruram Lodhi v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C(A) No. 326 of 2016 • Dhannruram Lodhi S/o Late. Manrakhan Lodhi, Aged About 45 Years R/o Village Bidouri, Post Office, Police Station & Tahsil Chhuikhadan, District Rajnandgaon (Chhattisgarh).

--- Petitioner

Versus

• State of Chhattisgarh through the Station House Officer, Police Station Chhuikhadan, District Rajnandgaon, Chhattisgarh --- Respondent For the applicant :

Mr. Shivendu Pandya, Advocate.

For the Respondent :

Ms. Sunita Jain, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 08.04.2016

1. Apprehending arrest in connection with Crime No. 33 of 2016 registered at Police Station Chhuikhadan, District Rajnandgaon (C.G) for the offences punishable under sections 354, 294, 323 & 506 IPC, the applicant has filed this application u/s 438 of the Code of Criminal Procedure for grant of anticipatory bail.

2. As per the prosecution case, on 08.02.2016 while the prosecutrix was guarding her field, at that time, the applicant came there, caught hold of her, pressed her breasts and used obscene language and further tried to outrage her modesty and on being objected by the prosecutrix, she was assaulted thereby the offence is committed.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case since prior to the incident, certain quarrel had taken place

between the husband of the prosecutrix and the applicant which has resulted into false lodging of report, therefore, the applicant may be enlarged on anticipatory bail.

4. Per contra, learned State Counsel opposes the prayer for grant of bail and would submit that the allegations are supported by the medical evidence and therefore anticipatory bail may not be granted.

5. Perused the case diary and the statement of the prosecutrix.

6. Considering the statement as also the medical report, I am not inclined to allow this application. Accordingly, it is rejected.

Sd/- GOUTAM BHADURI JUDGE Rao