Sanjay Lakra vs State of C.G.

D.R. Deshmukh, J.—Learned Counsel appearing for the State submitted that on enquiry of caste it is found that the applicant did not belong to the Scheduled Tribe category, and belonged to the general category.

The application under Section-438 of Code of Criminal Procedure pertains to crime No. 87/ 2005 of Police Station-Bagicha, Distt. Jashpur for the offences punishable under Section-294, 506, 354, 106 of IPC and Section-3(1)(10) of the S.C. and S.T. (Prevention of Attrocities) Act, 1989 (hereinafter referred to as the "Act").

Brief facts as alleged by the prosecution are that on 04-10-2005 at about 4.30 P.M. the applicant abused the complainant Smt. Hemlata Minj by using filthy language, threatened her and intentionally insulted to humiliate her on the main road Bagicha, District-Jashpur with intent to humiliate a member of the Scheduled Tribe in public view.

Learned Counsel for the applicant Shri Prasad has contended that the bar under Section-18 of the Act is not attracted in this case since F.I.R. lodged by Smt. Hemlata Minj does not disclose the facts necessary to constitute the offence under Section-3(1)(10) of the Act. He further contended that merely abusing by using filthy language does not constitute the offence Section-3(1)(10) of the S.C. and S.T. (prevention of Attrocities) Act, 1989.

Learned Counsel placed reliance on Abdul Abbas v. State of Chhattisgarh 2005 C.G. CJ 289, Somesh Das v. State of Chhattisgarh 2003(2) C.G. CJ 168and Satya Prakash v. State of Chhattisgarh 2004(1) CGLJ 162in support of the above arguments while contending that the applicant is entitled to be released on bail under Section-438 of Code of Criminal Procedure.

On the other hand, learned Counsel appearing for the State opposed the application for anticipatory bail while submitting that though in the F.I.R., there is no direct allegation that the applicant intended to humiliate a member of Scheduled Tribe in any place within the public view, the above fact can be presumed since Smt. Hemlata Minj, is a public representative and a member of Scheduled Tribe within the knowledge of the applicant.

Having heard the rival contentions, I have gone through the case diary. I have also perused the case law cited by the learned Counsel for the applicant. The first information report lodged by Smt. Hemlata Minj on 04-10-2005 does not show that the applicant used any such words which would constitute mens rea on the part of the applicant to humiliate a member of Scheduled Tribe in any place within public view. The F.I.R. thus, in my considered opinion does not prima facie constitute the offence under Section-3(1)(10) of the S.C. and S.T. (Prevention of Attrocities) Act 1989. It is settled law that where the Court is satisfied prima facie, while considering an application under Section-438 Code of Criminal Procedure that at that stage a case Section-3(1)(10) of the S.C. and S.T. (Prevention of Atrocities) Act 1989 has not been made out against the applicant, the bar under Section-18 of the Act would not be attracted and the applicant may be released on bail under Section-438 Code of Criminal Procedure.

In view of the above facts and circumstances of the case, in my considered opinion, the applicant is entitled to be released on bail. The application M.Cr.C. No. 144/2006 is allowed. If the applicant is arrested in Crime No. 87/2005 of the Police Station-Bagicha, Distt. Jashpur for the offences punishable under Section-294, 506, 354, 106 of IPC and Section-3(1)(10) of the S.C. and S.T. (Prevention of Attrocities) Act, 1989, he would be released on bail on furnishing a personal bond of Rs. 10,000/- along with a solvent surety in like amount to the satisfaction of the officer concerned for his regular appearance as and when directed during investigation and also to comply with the conditions enumerated under Section-438 Code of Criminal Procedure. This order shall remain effective for a period of two months from today.