ATUL SHRIVASTAVA Vs. STATE OF CHHATTISGRAH

JUDGEMENT

(1.) THE applicant, claiming to be an active political and social worker being a member of principal opposition party in the State as also a reputed builder and colonizer, has moved this application under Section 438 of the Cr.P.C. for grant of anticipatory bail, as he apprehends his arrest in connection with Crime No.330/2011, registered in Police Station Civil Lines, Bilaspur for offence under Sections 353, 332, 294, 506, 307 and 323/34 of the IPC.

(2.) COMPLAINANT O.P. Tiwari working as Superintendent Engineer in the Municipal Corporation, Bilaspur, lodged an FIR on 20.6.2011 at 19.45 hours alleging that when he was performing the official work in his office in the Municipal Corporation Bilaspur, both the accused persons came to his office at about 7 p.m. and started making enquiry about his file and when they were informed that because of electricity problem he could not see the file and they should come tomorrow, the present applicant became enraged and started abusing the complainant by using obscene language and said that the complainant has to put his signature on the file instantly and threw all the files on the ground which were kept on the table of the complainant. The applicant caught hold of the collar of the shirt and when the complainant stood up, co -accused caught hold of his waist and the applicant started pressing his neck by using his both the hands and was saying that he will not spare the complainant. Because of the pressure on his neck, his breath started feeling obstruction and he could raise his voice with difficulty and at that time other employees of the Corporation came to the place of occurrence and separated the complainant and the accused persons.

(3.) PER contra, learned State Counsel argued that the prosecution needs his custody for interrogation and since the charge -sheet has been filed when the applicant was absconding, the trial Court has issued warrant of arrest and the offences otherwise being serious, the applicant is not entitled for protection under Section 438 of the Cr.P.C.