High CourtsSingle Bench(2021) 01 MP CK 0044

Aslam Khan vs State Of M.P

Madhya Pradesh High Court · Decided on 12 January 2021

HON’BLE JUDGES
G.S. Ahluwalia, J
RESULT
Dismissed
CASE NUMBER
Miscellaneous Criminal Case No.1153 Of 2021

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Judgment

14 paragraphs · 228 words

G.S. Ahluwalia, J

This first application under Section 438 of Cr.P.C. has been filed for grant of anticipatory bail.

The applicant apprehends his arrest in connection with Crime No.1050/2020 registered at Police Station Kotwali, District Guna for offence under

Sections 509, 294, 506, 354 of IPC and under Section 11/12 of POCSO Act.

It is submitted by the counsel for the applicant that the allegation of making an attempt to talk to the complainant on mobile phone as well as of abusing

them is false.

Per contra, the application is opposed by the counsel for the respondent/State. It is submitted by the counsel for the State that according to the

prosecution case, at about 2:00 in the night, the applicant called one girl and insisted that she should make arrangement for his talk with the

complainant, however it was refused by the friend of the complainant. On the next day, the applicant came to the house of the complainant and started

abusing. It is further submitted that the call details also prima facie establishes that the applicant had called the friend of the complainant in the wee

hours.

Heard the learned counsel for the parties.

Considering the allegations made against the applicant, this Court is of the considered opinion that it is not a fit case for grant of anticipatory bail. The

application fails and is hereby dismissed.