ORDER :

1. The aforesaid Appeal and bail application are being disposed of by this common order as they arise out of Crime No. 290/2021, registered at Police Station – City Kotwali, District – Bilaspur, C.G. for offence punishable under Sections 353 and 186 of the IPC and Section 3 of the Chhattisgarh Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss to Property) Act, 2010.

2. As per the prosecution case, a written complaint was made by complainant Tulachand Tande, Radiographer of CIMS Hospital, Bilaspur on 19th September, 2021 at Police Station – City Kotwali, alleging that on 18th September, 2021 while he was on duty on call of Dr. Vivek Sharma, at about 9.30 p.m., as the MRI machine was not working due to some technical problem, so there was delay in conducting MRI of Ravishankar Awasthi and owing to the said delay, the relative of Ravishankar Awasthi called the applicant through phone. The applicant is a public figure in the town. It is alleged that the applicant assaulted and abused the complainant while he was discharging his duties, so initially FIR was registered on 21st September, 2021 under Section 186, 353 and Section 3 of the Chhattisgarh Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss to Property) Act, 2010. Thereafter, the applicant was granted an interim anticipatory bail by this Court on 05.10.2021 till disposal of the trial. Even the complainant moved a fresh application on 28th September, 2021 so the offence under Section 31(r)(s) of the SC/ST (Prevention of Atrocities) Act, 1989 has been added on 2nd December, 2021.

3. Counsel for the applicant submits that he had no intention to humiliate or insult the complainant in any manner. It is further submitted that to attend the call of the doctor the present complainant was demanding illegal money and delaying the requisite test. So, the applicant has reached the hospital. It is next submitted that even the complainant was found guilty in the disciplinary enquiry of the team of the doctors that he has misused his position on different occasions. Learned counsel for the applicant also submits that after the incident he inquired about the misconduct of the complainant and obtained certain papers under the RTI Act and it is revealed that the complainant was even imposed penalty under disciplinary enquiry for stopping one increment in the year 2021 in which doctors of the team found that the complainant provoked others radiographers to avoid the duty and caused also indiscipline and not obeyed the instructions of the professors and head of the Radiology department. Counsel for the applicant further argued that after granting of ad-interim anticipatory bail as an afterthought a fresh application was obtained. It is next submitted that in the premises of the CIMS Hospital a police chowki has been established by the State and present complainant did not go to the police chowki for necessary help. Initially FIR has been registered after three days. He further submits that the applicant is a Public figure and social worker. When the complainant demanded a bribe of Rs.2,000/- for conducting MRI test, some altercation took place, but no offence of atrocities has been committed by him, therefore the learned Special Judge has wrongly rejected his application for grant of anticipatory bail, hence the same may be allowed. The applicant is ready to abide by all the terms and conditions imposed on him by this Court.

4. Per contra, learned State counsel opposes the prayer for grant of bail. He would place reliance on Animireddy Venkata Ramana and Others Vs. Public Prosecutor, High Court of Andhra Pradesh, (2008) 5 SCC 368 and refer to para 13 – that a first information report is not meant to be encyclopedic while considering the effect of some omissions in the First Information Report on the part of the informant, a Court cannot fail to take into consideration the probable physical