1 2025:CGHC:4729 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 132 of 2025 Krishna Ram S/o Shri Gaya Ram Aged About 45 Years Cast - Uraon (Schedule Tribe), R/o Village - Kantiprakashpur, P.S. And Tahsil - Ambikapur, Distt. - Surguja (C.G.). ... Applicant(s) versus State Of Chhattisgarh Through - Station In-Charge, Police Station - Ambikapur, Distt. - Surguja (C.G.). ... Non-Applicant(s) For Applicant(s) : Mr. A.N. Pandey, Advocate. For Non-Applicant(s) : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 27/01/2025 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.32/2025, registered at Police Station Ambikapur, AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Distt. - Surguja (C.G.) for alleged commission of offence punishable under Section 296, 132, 221 & 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. As per the case of the prosecution, the applicant, Nishikant Ekka, Assistant Sub-Inspector of Traffic Branch, Ambikapur, submitted a written application to the Ambikapur Police Station on 11.01.2025, alleging that on 10.01.2025, at around 10:00 am, he was on duty at Darima Mod, Ambikapur, alongwith staff members R. 594 and 630, to enforce the Motor Vehicle Act. During his duty, between 1:30 pm and 2:00 pm, a Bullet motorcycle bearing registration No. CG-15/CF-2630 came from the Kharsia Road side, and when asked about the modified silencer, the motorcycle driver did not produce the vehicle's documents or license. When told to pay the fine under the Motor Vehicle Act, the accused asked to call his relatives. After some time, two of his relatives arrived at the Darima Mod checking site and started abusing the applicant. They also manhandled staff constable No. 594 and disrupted the government work. When the complainant objected, they abused him as well and created a hindrance in the government work. They then fled the scene with their vehicle. Based on the applicant's written complaint, offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant has not created any obstruction 3 in Government work, when the complainant seized the key of vehicle and demanded Registration Certificate & Driving License of the vehicle, applicant stated that at present he has no documents as the said documents were in house, further the applicant has never abused the complainant as alleged. He also submits that the applicant is aged about 45 years and he has no criminal antecedent. Hence he prays to enlarge the applicant on anticipatory bail. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submits that when the complainant, namely, Nishikant Ekka, Assistant Sub-Inspector of Traffic Branch, Ambikapur was on duty at Darima Mod, Ambikapur alongwith staff members, present applicant on Bullet motorcycle bearing registration No. CG-15/CF-2630 came from Kharsia Road side, and when complainant asked about the modified silencer, the applicant did not produce vehicle's documents or license. When told to pay the fine under the Motor Vehicle Act, he came on abusing, manhandling and creating hindrance in Government work, therefore, the anticipatory bail application of the applicant deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the nature of allegation made against the present applicant that the present applicant abused, 4 manhandled complainant’s staff and created hindrance in Government work, when the complainant, namely, Nishikant Ekka, Assistant Sub-Inspector of Traffic Branch, Ambikapur asked to show vehicle's documents and license as his motorcycle Bullet bearing registration No. CG-15/CF-2630 has a modified silencer, as such, I am not inclined to grant anticipatory bail to the applicant. Accordingly, the anticipatory bail application of the applicant - Krishna Ram, involved in Crime No.32/2025, registered at Police Station Ambikapur, Distt. - Surguja (C.G.) for alleged commission of offence punishable under Section 296, 132, 221 & 3(5) of BNS, is rejected. Sd/- (Ramesh Sinha) Chief Justice Akhil