SUDHIR SHARMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is first bail application filed under Section 438 of the Code of Criminal Procedure seeking grant of anticipatory bail to the applicant in connection with Crime No. 90 of 2016 registered at P.S. Sakti, Distt. Janjgir Champa (C.G) for the offence punishable under Sections 341, 294, 506, 186, 332, 353/34 of IPC.

(2.) As per the prosecution case, on 31.03.2016 complainant Vijay Kumar Patel who is a driver to the S.D.O(P) was going to his office from his official residence. On the way at about 9.30 a.m., when he reached near Dukal Sagar Talab Road, at that time, the other accused Chandra Bhan and his son Sudhir Sharma (the present applicant) were going on a motorcycle bearing Regn. No.C.G.11-A.E/4708 and it was driven in rash and negligent manner. Upon which, the complainant advised them to drive slow. On such advice the applicant and his father got enraged and abused the complainant and also extended threat to kill him and thereby he was restrained to discharge his official duties.

(3.) Learned counsel for the applicant would submit that in fact the applicant along-with his father was going on motorcycle and since the applicants were stopped for the reason that they had not put on helmet, therefore, a fine amount of Rs.500/- was imposed which was paid. Subsequently when the receipt was asked for, the complainant refused to issue any receipt for the same and tried to snatch the key of vehicle, on which, altercations took place between them . It is stated that in order to avoid the consequences of non- issuance of receipt, a false report has been made.