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Judgment
10 paragraphs · 523 wordsRamesh Sinha, J
The applicant has preferred this application under Section 482 of B.N.S.S. 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No.259/2024, registered at Police Station – Baloda, District- Janjgir-Champa (C.G.) for alleged commission of offence punishable under Sections 74, 115(2), 126(2), 296, 351(2) of B.N.S.
Case of the prosecution, in brief, is that the complainant is a lady Constable, she had lodged a report at Police Station, Baloda stated therein that on 13-07-2024, she had gone to communicate a letter from police station Bamhindeeh to the Office of S.D.O.P, Champa in the Government vehicle bearing registration No.CG-03/A-0104, and when she was informed that her child was ill, she was coming back to her home town Baloda. Thereafter, when she reached Village Rasouta at about 03:30 p.m. where a wedding function was taking place in the house of one Ramanuj Harvansh, some people were standing there, a truck was also standing there, at that time, when she was trying to take her scooty slowly, then one person came and blocked the way of complainant and abused her in filthy language and also assaulted her by hands & fist. Thereafter, present crime was registered against the applicant.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the applicant is a Panch of Gram Panchayat Rasauta and if he will arrest by the police, the image of the applicant will adversely affected. The complainant being a lady Constable lodged a false report against the applicant despite the fact that the present applicant has not caught the hand of the complainant and also not abused her. He further submits that the wife of the applicant is suffering from kidney disease, he has no criminal antecedent and also he has family responsibilities, therefore, he may be granted anticipatory bail.
On the other hand, learned State counsel opposes the submissions made by the learned counsel for the applicant and submits that the applicant has assaulted the complainant and also abused her in filthy language, who is lady Constable, hence, looking to the act committed by the present applicant, his anticipatory bail application is liable to be dismissed.
I have heard learned counsel for the parties and perused the impugned order passed by the trial Court.
Taking into consideration the nature of allegation made against the present applicant and particularly considering that the applicant has assaulted and abused the complainant, who is a lady Constable and
was coming from her office work to home town Baloda, hence this Court is of the opinion that it is not a fit case to enlarge the applicant on bail.
Accordingly, the anticipatory bail application of the applicant – Chhatram Harvansh, filed under Section 482 of B.N.S.S. 2023 with Crime No.259/2024, registered at Police Station – Baloda, District-Janjgir-Champa (C.G.) for alleged commission of offence punishable under Sections 74, 115(2), 126(2), 296, 351(2) of B.N.S., is rejected.
Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.
