VINAY KUMAR AGRAWAL Vs. STATE OF C.G.

JUDGEMENT

(1.) Invoking jurisdiction of this court under Section 438 of Cr.P.C., the applicant herein has filed this application for grant of anticipatory bail as he is apprehending his arrest in connection with Crime No. 15/2014 registered at Police Station, Ramkola, District Surajpur, for the offence punishable under Sections 294, 506-B, 323, 325, 336 and 394/34 of IPC. As per prosecution, allegation against the present applicant is that on 21.05.2014 present applicant alongwith other co-accused persons namely Sunil Agrwal and Vijay Thakur is said to have assaulted the complainant Pradeep Awasthy. It is further alleged that during the course of assault, the applicant along with other co-accused persons looted and robbed the complainant of his mobile phone of 'Intex' Company and have also taken with them the key of the Car (TATA Vista) and also' a cash of Rs. 5000/-.

(2.) Learned counsel appearing for the applicant would submit that construction of road work from Karwas to Bedmi was-awarded to M/s. M.R. Construction Ltd. through its proprietor Sujit Sinha. The said construction work was being given on sub contract to Vinay Agrawal applicant herein and one Pradeep Awasthy complainant herein. It is further case of the applicant that in order to complete that construction work, Shri Pradeep Awasthy complaint herein. It is further-case of the applicant that in order to complete that construction work, Shri Pradeep Awasthy did not have grinding machine, which the present applicant had. The complainant Pradeep Awasthy, without permission had taken the said machine on 21.05.2014 and on account of that there was fight between the applicant. Sunil Agrawal, worker of present applicant herein was also assaulted by the complainant Pradeep Awasthy and at the instance of complainant, crime No. 15/14 has been registered at Odgi outpost on 21.05.2014 at 9:30 p.m. whereas as the instance of present applicant, Crime No. 14/14 has also been registered in the same outpost on the same day at 7:15 p.m. Which were later on transferred to Ramkola police station and registered as same crime numbers.

(3.) It is further case of the applicant that in the assault made by Pradeep Awasthy, Sunil Agrawal suffered injury due to which he was hospitalized in District Hospital, Surguja, and challan has been filed at the instance of present applicant against Pradeep Awasthy in criminal court for the offences punishable under Sections 294, 506-B and 323 of IPC. It was further stated that in the F.I.R. lodged by the Pradeep Awasthy on 21.05.2014, no such report of loot by the present applicant has been mentioned and immediately after a period of four days i.e. on 25.05.2014 case has been improved and report of looting Mobile phone and Rs. 5000/- has been made in order to implicate the present applicant in non-bailable offence registered as other offences are bailable offences. He would further submit that as per statement of Mohd. Asif Mobile phone owned by Pradeep Awasthy was given to him by co-accused Vijay Thakur and in M.Cr.C. No. 3382 of 2014 filed by said Vijay Thakur, statement has been made on behalf of State that Mobile phone of complainant was seized from Mohd. Asif and Vijay Thakur is said to have given the same to Mohd. Asif who stands as prosecution witness, and there is no ingredients for offence under Section 394 of IPC is made out.