NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 739 of 2024

1. Mohd. Arshad Khan S/o Mohd. Raiq, Caste Muslim, Aged About

25 Years R/o Ward No. 21, Kandrapara, Dongargarh, District Rajnandgaon, C.G.

2. Harsh Rao, S/o Sanju Rao, Caste Telgu, Aged About 19 Years R/o Ward No. 9, Kalkapara, Dongargarh, District Rajnandgaon C.G.

(Details Not/wrongly Mentioned In Order Sheet)

---- Applicants Versus  State of Chhattisgarh Through Station House Oicer (S.H.O), Police Station Dongargarh, District - Rajnandgaon C.G.

---- Non-Applicant (Cause Title is taken from the Case Information System)

For Applicants : Mr. Devershi Thakur, Advocate.

For Non-Applicant/State : Ms. M. Asha, Panel Lawyer.

Hon'ble Shri Ramesh Sinha, Chief Justice

Order On Board

05.07.2024

1. The applicants have preferred this application under Section 438 of Cr.P.C. for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 329/2024, registered at Police Station – Dongargarh, District – Rajnandgaon(C.G.) for alleged commission of ofence punishable under Sections 294, 323, 506, 186, 332, 353,325, 34 of Indian Penal Code.

2. As per the case of the prosecution, is that the applicants are alleged of assaulting the complainant on a dispute in the parking near Railway Station at about 23:30 hrs on 06.06.2024. Initially FIR was lodged under Sections 294,323, 34, 506 of I.P.C. However, the complainant being a police Constable in GRP, Sec. 186,332,353,325/34 of IPC were added subsequently. The incident reported by Constable Aditya Sharma was delayed for the next day as on the night of the alleged incident, the Constable was too intoxicated and was reported by the applicants to the concerned police station within half an hour, as there were CCTV footages available of the incident. However, the police persons persuaded the applicants not to proceed as the same would jeopardize his Job/services as he was in too intoxicated condition and there were several reports regarding illegal demands in the Parking's near Railway station by the Aditya Sharma. The same was also caught on the CCTV footages were the alleged incident actually was the irst time where applicant Arshad Khan and Harh Rao had met each other where both were victimized by the Constable Aditya Sharma in name of Chalaan/Fining for vehicles. The present case is prima-facie also cooked up as the applicants were neither aware about the Complainant being a Constable on duty as he was neither in uniform, and was in an highly intoxicated condition, where the CCTV footages conirm that the entire locality was upset with the constable and there were about 25-30 persons who had objected to the obnoxious behavior, where he had deliberately dashed the Applicant Arshad's Car thrice. Thereafter the Applicant No.2/ Harsh Rao had come confronted the complainant as Aditya Sharma had in an intoxicated condition had abused the Applicant/harsh and kicked & damaged his Moped/Scooty. Prior to that, the applicants herein were never known to each other and there were no intention of the act as alleged in the present case. The GRP Police station is also acknowledged of the facts but are deliberate to take stand for their own staf. Thus, The applicant urges the Bail application.

3. Learned counsel for the applicant has pointed out that the applicant No. 2, namely, Harsh Rao has already been arrested by the Police during the pendency of the present anticipatory bail application. Accordingly, the anticipatory bail application so far as it related to applicant No. 2 is concerned the same is dismissed as infructuous and the Court proceeds here the matter with respect to the applicant No. 1. namely, Mohd. Arshad Khan.

4. It has been argued by the counsel for the applicant that applicant along with five other have been named in the FIR whereas 15 other unknown persons were also stated involved in the present case. It is argued that the victim who is a GRP constable was in a drunken state and he was not in uniform also there was illegal de