JUDGMENT The applicant, who is a lady, prays for bail having been involved in offence u/s 406/418/34 IPC and u/s 3 (1) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The brief facts of the case are that the complainant pledged certain silver ornaments to one Sarnam Singh, who is the brother of the applicant. It is alleged that applicant's said brother refused to return the said ornaments and hence a report was lodged. The applicant, who is a lady, prays for bail u/s 438 Cr. P.C. She has been prosecuted in a case u/s 406/418/34 IPC and also u/s 3 (1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. According to the petition the complainant pledged certain silver ornament to Sarnam Singh, who is the brother of the applicant it is said that he refused to return the said ornaments and hence a report was lodged. During the course of arguments my attention was drawn to section 18 of the Act which provides that section 438 of Cr. P.C. not to apply to persons committing an offence under the Act. Nothing in section 438 of the Code shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence under this Act. This provision came up for interpretation in 1991-JLJ-468 (Ramdayal v. State of M.P.) wherein it was held that on the allegation that a particular person has committed an offence or is an accused under the Act or if he has been so described by the Police as an accused, the Court would not without examining the merits of the accusation, dismiss his application. Where there is no material to reasonably raise a suspicion of the commission of an offence, it cannot be said that there is an accusation within the meaning of section 18 of the Act and the maintainability of application u/s 438 Cr. P.C. cannot be challenged. Thus, it has been rightly held by this High Court in the aforesaid case ( 1991 JLJ 468 ) that the accusation against the applicant should be real in essence and spirit. It should not be a mere accusation and the Court is not deprived of his power, to look into the fact as to whether in the accusation there is substance or not. It should not be a mere accusation and the Court is not deprived of his power, to look into the fact as to whether in the accusation there is substance or not. After having gone through the petition I am of the view that essentially it is a case of civil nature. Some ornament., were pledged by the complainant with one Sarnam singh who is the brother of the applicant and that he has in his turn refused to return the ornaments which gave rise to this accusation. The question is whether mere allegation is enough to make out a case for rejection of the bail. The answer has got to be a simple 'no'. It has been said that on a request by the complainant for return of pledged ornaments she was abused and the accused is reported to have denied that he was in possession of any ornaments and while making that denial he had uttered the word" ^^pekj lkys] gekjs ikl rsjh dksbZ jde vFkok Qly dk fgLlk ugha gSaA** The accusation Itself does not fit in with the context of the case. It appears to have been put into the mouth of the accused just to prevent his bail and take out the case from a mere civil case. There was no occasion for the accused to have uttered these words without any provocation. All that the complainant has done was to ask for the return of the ornaments which allegedly said to have been pledged with the accused. No provocation or occasion was provided to him to shower abuses. The result is that the accusation does not appear 'to have any substance and the provisions of section 18 consequently will not be attracted. The Court's power to judge the accusation has not been taken away by the statute. The result is that the applicant is entitled to bail. It has also to be borne in mind that the applicant herself is a lady and it is a common knowledge that ladies do not generally shower abuses without any provocation or occasion there for. The applicant is entitled to bail even on the ground of being a lady. Thus, judging the case from all aspect.. I am of the view that the applicant should be granted bail. The applicant in the event of arrest shall be released on furnishing one surty of Rs. The applicant is entitled to bail even on the ground of being a lady. Thus, judging the case from all aspect.. I am of the view that the applicant should be granted bail. The applicant in the event of arrest shall be released on furnishing one surty of Rs. 2,000/- and a personal bond of the like amount to the satisfaction of the Authority concerned. She will make herself available to the investigating authority for interrogation and 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. 1991 JLJ 468 relied on.