NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 757 of 2024 • Akram Khan S/o. Mateen Ahmad Aged About 27 Years Caste-

Muslim, R/o. Ward No. 18, Bhagat Singh Chouck, Dongargarh, Dist.

Rajnandgaon (C.G.) Adhar Card No. 5671-5484-7062 ---- Applicant Versus • State Of Chhattisgarh Through Station House Officer (S.H.O), Police Station- Dongargarh, Dist. Rajnandgaon (C.G.)

---- Non-applicant (Cause Title is taken from the Case Information System) For Applicant : Mr. Balraj Gupta, Advocate.

For Respondent/State : Mr. Ruhul Memon, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice

Order On Board

11.07.2024

1. The applicant has 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, Dist. Rajnandgaon (C.G.) for alleged commission of offence punishable under Section 296, 115(2), 351(2) and (3), 221, 121(1), 132, 117(1), 3(5) of Bharatiya Nyay Sanhita, 2023 (Old Act u/s 294, 323, 506, 186, 332, 353, 325/34 of the IPC).

2. As per the case of the prosecution, the applicant along with others 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 section 294,323, 34, 506 of I.P.C. However, the complainant being a police Constable in GRP, Section 186,332,353,325/34 of I.P.C 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 applicant 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 first time where all most accused had met each other where all were victimized by the Constable Aditya Sharma in name of Chalaan/Fining for vehicles. The present case is primafacie also cooked up as the applicant along with others 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 confirm 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 damaged the Motorcycle of the applicant in the parking when had demanded the keys back from the intoxicated complainant when the applicant had confronted as the same was carried out against co-accused Harsh Rao who had also come confronted the complainant as Aditya Sharma had in an intoxicated condition had abused the harsh and kicked & damaged his Moped/Scooty. Prior to that, the applicant herein were never known to other accused except Arshad Khan, 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 staff.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further argued that the allegation are vague and in general where the complainant had planned to file this FIR on false and frivols facts. The applicant was publically abused & had damaged the vehicle of the applicants, which can be perused from the CCTV footages. Further, the initial FIR was lodged under section 294,323, 34, 506 of I.P.C. However, the complainant being a police Constable in GRP, Sec. 186,332,353,325/34 of I.P.C were added subsequently. Also, the incident reported by Constable Aditya Sharma was delayed for the next day as on the night of the alleged incident, the Constable