SHEIKH SULEMAN Vs. STATE OF C G

JUDGEMENT

(1.) By way of the present application u/s. 438 of Cr.P.C. the applicant has sought for grant of anticipatory bail apprehending his arrest in connection with Crime No. 69/14 registered at PS Kunda, District Kabirdham for the offence punishable u/s. 354, 294, 323 and 506 of IPC. Allegation against the present applicant is that on 23.05.2014 the applicant is said to have assaulted complainant Raisa Khatoon and also tried to outrage her modesty when the complainant is said to have gone to the shop (chicken shop) of the applicant. Subsequently, a report was lodged and a case was registered against the applicant in connection with the said offence.

(2.) Counsel for the applicant submits that it is a case where the present applicant has been falsely implicated on account of the fact that the daughter of the applicant was married to the brother of the complainant but the said marriage failed and ultimately the daughter of the applicant lodged a complaint against her husband i.e. brother of the complainant and the family members including the complainant under the provisions of Domestic Violence Act. In the said case, the CJM, Kabirdhan vide its order dated 24.06.2013 found the allegation levelled against the husband and his family members to be correct and accordingly ordered for payment of Rs. 5,000 per month as maintenance to the daughter of the applicant and also directed the accused persons therein not to ill treat the daughter of the applicant. Counsel for the applicant submits that in order to take revenge, the applicant has been falsely implicated in this case by the complainant.

(3.) On the other hand, State counsel opposes the bail application on the ground that specific allegation has been made by the complainant against the applicant.