Mohd. Shamim Ansari And ANR. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7271 of 2016

1. Mohd. Shamim Ansari, S/o. Mohd. Islam Ansari, Aged About 42 Years.

2. Mohd. Nasir Ansari Alias Raju, S/o. Mohd. Hasan, Aged About 25 Years.

Both R/o. Manendragarh, Police Station Manendragarh, District Korea, Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh, Through Incharge Police StationManendragarh, District Korea, Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicants :

Smt. Usha Chandrakar, Advocate For Respondent :

Shri Vivek Singhal, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 22.11.2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested in connection with Crime No.329/2016 registered at Police Station- Manendragarh, District Korea (C.G.) for the offence punishable under Section 341, 365, 366, 354, 34 of Indian Penal Code.

2.

As per the prosecution case, a report was made by the victim on 15.09.2016 that she went for her treatment to the Hospital and while she was coming back, all of a sudden, one Car stopped and the victim was forcefully taken inside the Car and thereafter took her to a certain place and when the Car was stopped at that time the victim fled away from the Car; thereby to outrage the modesty of the victim, she was forcefully abducted.

3.

Learned counsel for the applicants would submit that the applicants have been falsely implicated in this case and the statements have been inflated and wrong allegations have been attributed against the applicants. She further submits that the charge sheet in this case has been filed and the applicants are in jail since 16.09.2016, therefore, they may be released on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Perused the case diary, documents and the statement of the victim recorded under Section 161 & 164 of Cr.P.C. Considering such statements, I am not inclined to release the applicants on bail. 6.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is dismissed.

Sd/- (Goutam Bhaduri) Judge Ashok