Naushad Ali Qureshi v. The State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7145 of 2016 Naushad Ali Qureshi S/o Shri Mahmood Ali Qureshi Aged About 20 Years R/o Malaibhata, Manendrgarh, District Koriya, Chhattisgarh. ---- Applicant

Versus

The State Of Chhattisgarh Through Police Station Manendragarh, District Koriya, Chhattisgarh.

---- Respondent For applicant - Shri Alok Tiwari, Advocate. For Respondent/State - Shri U.K.S. Chandel, PL. Hon'ble Shri Justice Goutam Bhaduri Order 23/11/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.231/2016 registered in Police Station Manendragarh for offence punishable under sections 376, 323, 325 read with 34 of Indian Penal Code and Section 3(2)(5) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act. 2.

As per the prosecution case, a report was made by the prosecutrix on 24/06/2016 that on 23/06/2016 while she was coming from the market, at that time the applicant alongwith co-accused stopped her, assaulted his brother, applicant took prosecutrix to nearby canal and committed forceful rape.

3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case, the story as projected is completely improbable, therefore the applicant may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail. 5.

Perused the statement of the victim as also statement of brother Deepak Singh who was assaulted. Taking into nature of allegation wherein positive allegation have been made against the applicant, this court is not

inclined to release the applicant on bail.

6.

Accordingly, the bail application is dismissed. Sd/- (Goutam Bhaduri) JUDGE gouri