VIJAY NIHICHALANI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant is first application for grant of anticipatory bail to the Applicant. He is apprehending his arrest in connection with Crime No.76 of 2020 registered with Police Station Mana Camp, District Raipur for offence punishable under Sections 354, 294, 323 of the Indian Penal Code.

(2.) The case, in brief, is that on 20.7.2020, a written report was lodged by the Complainant, a girl aged about 33 years against the present Applicant alleging inter alia that on 20.7.2020 itself at about 6:30 hours, when she was riding a bicycle on the airport road of Raipur, the Applicant came to her and started misbehaving with her. He abused her and also physically touched her in order to outrage her modesty. She fell down. At that time, her brother also came there. When she complained to her brother, the Applicant tried to flee from the spot. When her brother inquired from the Applicant, he uttered obscene words and assaulted her and her brother in which they sustained injuries. On the basis of the written report, the police registered the aforesaid offence against the Applicant.

(3.) Shri Manoj Paranjpe, Learned Counsel appearing for the Applicant submitted that the Applicant has been falsely implicated in the case. The Applicant and father of the Complainant were business partners in a firm, namely, I.V. Enterprises having shops in Magneto Mall and Ambuja Mall situated at Raipur. A dispute arose in the said firm between the partners regarding payment of certain amount which was to be done on behalf of the father of the Complainant. Due to the said dispute, a false and fabricated report has been lodged against the Applicant. It was further submitted that the allegations are completely distorted and misplaced. The Complainant and the Applicant has been in love relationship for the last five years. Both have visited together to various places and also stayed together in a single room of different hotels. The places of their together visit and stay have been Kolkata, Chandigarh, Bangkok and Phuket. Both have done travellings together by train and air. Therefore, looking to this relationship between the Complainant and the Applicant, there would have been any attempt on the part of the Applicant to outrage modesty of the Complainant is suspicious. It was further submitted that the Complainant has developed her statements on every occasions. First, at the time of recording of her statement under Section 161 of the Code of Criminal Procedure, she has developed her statement on material points. Thereafter, at the time of recording of her statement under Section 164 of the Code of Criminal Procedure also, she has developed her statement and in that statement, she, for the first time, has levelled allegations against brother of the Applicant also. This shows that she has developed her statements on every occasions to create pressure and implicate the Applicant falsely. Therefore, it was prayed that the Applicant may be granted benefit of anticipatory bail.