Dilip Chhabariya vs State of Chhattisgarh

L.C. Bhadoo, J.—The accused/applicant has preferred this bail application u/s 438 of the Cr.PC apprehending arrest in Crime No. 52/2004, registered at Police Station, Bhatapara for commission of the offence punishable under Sections 294, 506, 323 read with Section 34 of the IPC and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ''the Act'') for releasing him on anticipatory bail before arrest.

The case of the prosecution is that on 15-3-2004 at about 1.30 p.m. when complainant Rajendra Miri, member of Municipal Council, Bhatapara was in his office, at that time accused/applicant along with 15-20 members came to his office, abused him in the name of caste, slapped him 4 to 5 times and threatened him with dire consequences. On this report, the case was registered for the above mentioned offences and the matter is still under investigation.

I have heard learned Counsel for the parties.

Learned Counsel for the accused/applicant argued that the applicant is also a member of the Municipal Council, Bhatapara, when complainant Rajendra Miri assaulted and abused him in the name of mother at 13.30 hours; on this, a complaint was lodged at Police Station, Bhatapara, by the Prahalad Govindani, which was registered at Crime No. 51/2004 at 17.30 hours on the same day, i.e., 15-3-2004. He further argued that this case (Crime No. 52/2004) was lodged by Rajendra Miri as a counter blast. Therefore, he be released on anticipatory bail.

On the other hand, learned Panel Lawyer for the State opposed the bail application and argued that in the year 2001 also when the accused/applicant was a member of the Municipal Council, a similar case was registered.

Having heard the learned Counsel for the parties and having perused the record, it is admitted position that the accused and complainant both are members of the Municipal Council and from the record it appears that some dispute took place between both the sides and both the sides lodged the complaint against each other.

In order to attract the provisions of Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, it is necessary that the accused intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine.

Perusal of the First Information Report shows that, at the time of the incident the accused abused the complainant in the name of the caste and mother. There is no mention in the First Information Report that the accused abused the complainant with intention to intimidate or insult or humiliate him being a member of the Scheduled Caste.

Therefore, looking to the above facts, I am of the opinion that it is a fit case to grant anticipatory bail to the applicant. Accordingly, the bail application is allowed. It is, therefore, directed that in the event of arrest of applicant, if he furnishes a personal bond in the sum of Rs. 10,000/- and a surety in the likewise amount to the satisfaction of the Investigating Officer, he be released on anticipatory bail. However, he shall abide the conditions provided u/s 438 of the Cr.PC, viz., he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer.

This order shall remain effective for a period of two months from today. During the period the applicant shall apply for regular bail before the Trial Court.

Parties are entitled for certified copy of this order.