Shah Nawaz Ansari v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1210 of 2016 • Shah Nawaz Ansari S/o Faruk Ansari, Aged About 25 Years R/o Village Maukari, Police Station Bhabhuwa, District Kaimur, Bihar. --- Petitioner

Versus

• State of Chhattisgarh through Incharge Police Station Manendragarh, District Korea, Chhattisgarh. --- Respondent For the applicant :

Mrs. Usha Chandrakar, Advocate.

For the State : Mr. Neeraj Jain, . Govt. Adv.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 05.01.2017

1. Apprehending arrest in connection with Crime No. 82/2016 registered at Police Station Manendragarh, Distt. Korea (C.G) for the offences punishable u/ss 507, 387, 34 of IPC the applicant has filed this application u/s 438 of the Code of Criminal Procedure.

2. As per the prosecution case, on 09.03.2016 a report was made by one Bhupal Singh that the present applicant along-with other accused used to call on mobile of Bhupal Singh in the name of Tribhuwan and demanded Rs.1,50,000/- and threat was was also extended to kill him in case the amount is not paid.

3. Learned counsel for the applicant would submit that the applicant was not named in the FIR and false allegations have been levelled against him and if the applicant's

voice could be recognized, then he should have been named in FIR. It is further submitted that the applicant was working in a Company and false allegations have been levelled against him and he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the prayer and submits that the applicant was absconding.

5. Perused the case diary, the charge sheet as also the statement of complainant Bhupal Singh wherein the applicant has been named. The applicant is stated to have been absconding though the other accused have been arrested.

Considering such facts and circumstances of the case, I am not inclined to allow this bail application. Accordingly, it is rejected. Sd/- GOUTAM BHADURI JUDGE R a o