VIVEK JINDAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to petitioner-Vivek Jindal in case FIR No. 43 dated 30.1.2018 registered under Sections 353,186,427,506 and 34 IPC at Police Station City Barnala.

(2.) Learned counsel for the petitioner contends that as per allegations in the FIR, the petitioner was driving the motorcycle and while co-accused who was as sitting pillion rider caused damage to the car of the complainant. The FIR has been registered due to the influence of the bank officials and without even appreciating the fact that in fact the recovery agents sent by the bank were trying to take forcible possession of the Hotel despite there being stay of alienation by the trial Court in a civil suit filed by aunt of the petitioner. Learned counsel further contends that a false story has been concocted by the complainant in order to pressurize the petitioner to hand over the keys of the Hotel to the bank. Learned counsel also contends that no injury was caused to the bank officials and only damage was to the car of the officials. Even there is no allegation in the FIR that injury was caused to the persons who were sitting in the car. No recovery is to be effected from the petitioner and custodial interrogation is not required. At the end, learned counsel for the petitioner contends that offence under Sections 186, 427 and 506 IPC are bailable and there is no ingredient of Section 353 IPC in the FIR. The cognizance of offence under Sections 186, 353 IPC cannot be taken except by moving a written complaint.

(3.) Learned counsel for the respondent-State has opposed the submissions made by learned counsel for the petitioner and submits that intention of the petitioner was clear as he followed the bank officials and damaged the car, whereas, the bank officials went there to perform their officials duties and to paste the notices only. Learned State counsel contends that the petitioner was driving the motorcycle, whereas, the coaccused, who was sitting as pillion rider hit the window pane of the car.