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2025 DAILYLAW 45470 (CHH)

SHEIKH RAHMAN QURESHI v. STATE OF CHHATTISGARH

MCRC/8692/2024 · 2025-01-15

Shri Arvind Kumar Verma

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:2527 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8692 of 2024 Sheikh Rahman Qureshi S/o Sheikh Rahim Qureshi Aged About 41 Years R/o Village Dhaba, Police Station Thelkadih, District- Manendragarh- Chirmiri- Bharatpur Chhattisgarh. ...Applicant versus State of Chhattisgarh Through- The Station House Officer, Police Station Dongargaon, District- Rajnandgaon Chhattisgarh.. --- Respondent For Applicant : Mr. Kalpesh Ruparel, Advocate. For Respondent/State : Ms. Priya Sharma, PL. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 15/01/2025 1. This is first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita 2023 for grant of regular bail to applicant, who has been arrested in connection with Crime No.209/2024, registered at Police Station -Dongargaon, District- Rajnandgaon Chhattisgarh, for commission of offence punishable under Sections 74, 75, 296, 115(2) of BNNS and Sections 8 of the Protection of Children from Sexual Offences Act. 2. Case of prosecution, in brief, is that present applicant (father of victim) has tried to outrage the modesty of her minor daughter. Based upon report, FIR was registered against the applicant and he has been arrested on 26.08.2024 in the aforementioned crime/offence. 2 3. Learned counsel for the applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. There was property dispute between the applicant and his wife,(mother of victim), due to which, she has levelled false allegation against the applicant. There is no evidence/material available to connect this applicant in the aforementioned crime/offence. Applicant is in jail since 26.08.2024, charge sheet has been filed, conclusion of trial may take some time, hence, he may be released on bail. 4. Learned counsel for the State opposes the submission made by learned counsel for the applicant and would submit that there is specific allegation against the applicant of committing the aforesaid offence/crime with minor victim aged about 16 years, hence, he is not entitled for grant of bail. 5. Heard learned counsel for the parties. 6. Pursuant to order of this Court, victim alongwith her mother appeared before this Court by virtual mode from the concerned DLSA. She submits that she is having objection in granting bail to applicant. Her submission is recorded. 7. Considering facts of the case, nature of allegations, submission of learned counsel for the parties, statements of the victim recorded under Section 161 & 164 of Cr.PC in which she has levelled specific allegation against her father (present applicant) of committing the allege crime, I am not inclined to allow this bail application. 8. Accordingly, bail application is hereby rejected. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J.