Shekhar Mistri, v. State Of Chhattisgarh,

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6541 of 2020 • Shekhar Mistri, S/o Shri Sandeep Mistri, Aged About 23 Years R/o 11 Block, Near Meena Bhawan, Mana Camp, Police Station - Mana Camp, Raipur, District - Raipur Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh, Through - Police Station - Mana Camp, Raipur District - Raipur Chhattisgarh ---- Respondent For Applicant :

Shri Pushkar Sinha, Advocate For State :

Shri Ravish Verma, G.A.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 06/11/2020 Heard.

1.

The applicant has been arrested in connection with Crime No.103/2020 registered at Police Station - Mana Camp, District - Raipur (C.G.) for alleged commission of offences under Section 341, 354, 323, 34 of IPC. 2.

Case of the prosecution is that while the prosecutrix was going on road in her Scooty, the applicant and other co-accused intercepted her, caught hold of her and also outraged her modesty when they found nothing with the prosecutrix that could be looted. 3.

Learned counsel for the applicant submits that the allegation against the applicant is exaggerated. He has not committed any offence and has been involved only on the basis of memorandum of the co-accused. He submits that the applicant is in jail since 05/09/2020 and his custodial interrogation is no longer necessary. Therefore, he may be granted bail.

4.

Learned State counsel opposes and submits that the applicant and co-accused caught hold of the prosecutrix when she was going on road and her modesty was

outraged. He further submits that the applicant has been identified by the prosecutrix in the Test Identification Parade. He submits that the applicant is a habitual offender and as many as 6 criminal cases are pending against him. 5.

Taking into consideration the nature of allegations, role alleged to be played by the applicant and that he has been identified and appears to be a habitual offender involved in various offences, I am not inclined to grant bail to the applicant. The application is, accordingly, rejected.

Sd/- ( Manindra Mohan Shrivastava ) Judge Deepti