With Madhya Pradesh High Court (Indore bench) here on Tuesday rejecting the anticipatory bail plea of former Madhya Pradesh Cricket Association joint secretary Alpesh Shah, the arrest of Shah in the alleged sexual molestation case of an under-19 female cricket, appears imminent.
In an important ruling, Justice SK Maheshwari of the Indore bench of the High Court while taking up interim bail plea of Shah, here on Tuesday after going into all the details in the case, rejected his bail plea on the ground that the High Court has no locus-standi to quash an FIR against Shah after the accused recorded her statement before the district court under sections 161 and 164 of the IPC.
While quashing the bail plea, justice Maheshwari said that the police can arrest Shah on its discretion by probing the matter under section 41. In this regard, the High Court also directed city police to submit its compliance report in the case within a week after probing the matter under section 173.
The High Court ruling has further aggravated troubles for former MPCA official and he may land up in police custody anytime, said Vinay Saraf, counsel of the victim.
The former MPCA joint secretary Alpesh Shah had moved the High Court on December 3, seeking quashing of FIR against him. In his interim bail petition, Shah through his counsel had described allegations of sexual molestation against him as baseless accusing the complainant of lodging a false complaint because she had not been selected U-19 squad.
Justice NK Modi of the HC taking up his bail plea for hearing on December 4, had earlier restrained Indore police from arresting Shah till the probe was completed and the victim records her statement before the court under section 161 and section 164 of the IPC. While restraining police from arresting Shah, justice Modi had also directed Shah to fully cooperate with the police.
Shah had quit the MPCA post on November 27 when the allegations surfaced. Following complaint of the victim, Tukoganj police had registered a case against Shah under section 354 (outraging modesty of woman) under the Indian Penal Code on November 29.
Meanwhile findings of the five-member panel of the Madhya Pradesh Cricket Association into the sexual molestation case have remained inconclusive even after its fifth meeting held on Monday with the victim apparently seeking more time to record her statement before the panel member.
The survivor along with her father had approached Tukoganj police with the MPCA refusing to act against Shah despite repeated reminders. In her complaint, the survivor claimed that on September 23, Shah called her to her room at the Madhavrao Scindia Administrative Block at the MPCA office to give "special blessings". When she went to his office, Shah allegedly tried to molest her, but she wriggled out of his clutches and rushed home.