ORDER 1. Heard. 2, The applicant has preferred this application under Section 438 of the Cr.P.C., apprehending arrest in Crime No. 112/2006, registered at Police Station: Chhuikhadan, Dist. Rajnandgaon (C.G.) for commission of offence punishable under Sections 294 of the IPC and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (henceforth, "the Act") for releasing him on anticipatory bail. 3. It is alleged that on 19/06/2006 when complainant Sher Singh was sleeping near his mines, applicant came, demanded him money and when complainant refused to accede his demand, applicant using the word "Gond" Scolded and abused him. 4. Learned counsel for the applicant contended that on 17/4/2006 a number of persons were found in the Forest, Compartment No. 102 extracting bolders, therefore, Range Forest Officer registered cases against those persons and seized the bolders. Applicant who is Deputy Range Forest Officer was assigned with the investigation. Applicant recorded statement of those persons. Ram Kumar in his statement allege that he has been engaged by Sher Singh and Mahendra Singh for extracting the boulders, therefore, he requested that other persons who are involved in the crime should also be punished. In order to ascertain the correctness, applicant interrogated Sher Singh, who in order to escape himself with the crime not only threatened the applicant, but lodged the false complaint, therefore, Section 18 of the Act, does not bar his application. On the other hand, learned counsel for the State opposed the application. 5. In judgment rendered by this Court in Somesh Das Vs. State of C.G.1 , has been held that if on the basis of complaint and other material evidence collected by the Investigating Officer, prima facie, no offence is constituted or if on judicial scrutiny by the Court, the facts of the case disclose that the complaint is false, vexatious, frivolous and by way of counter-blasts and found to be misuse of judicial process and stems from the ulterior motive to humiliate disgrace and demoralize the person in order to blackmail to wreck some personal vengeance for settling and scoring personal vendetta, a person against whom an accusation is made, is entitled for grant of anticipatory bail and the provisions of Section 18 of the Act does not attract in those circumstances. 6. 6. Admittedly a number of persons have been caught red handed by forest official within forest area extracting boulders from Compartment No. 102. Preliminary Offence Report (POR) has been registered against those persons. Applicant was conducting enquiry, who was recorded statements of all those persons. Ram Kumar in his statements although admitted his guilt, but disclosed that he was engaged by Sher Singh and Mahindra Singh, therefore those persons should also be punished. 7. It appears that in order to know the criminals, involved in the illegal mining extraction from area, applicant might have interrogated complainant Sher Singh who might have implicated the applicant in order to escape him form his criminal liability. Even otherwise, to attract provisions of Section 3(i)(x) of the Act, there must be mens rea and the incident must take place within public view, Here in the instant casc, according to prosecution itself, Sher Singh was in his personal mines and it also appears that some altercation took place between them and the words used there was part of the altercation. 8. For the foregoing reasons and the law laid down by this Court in Somesh Das1. (Supra), I am of the opinion that bar as envisaged under Section 18 of Act does not apply to the instant case. Therefore, is directed that in the event of arrest, if the applicant abiding with all the condition as enumerated under Section 438 of the Cr.P.C., furnishes a personal bond of Rs.20,000/(Rupees twenty thousand) with two sureties of the like sum to the satisfaction of the authority arresting, he be released on anticipatory bail for a period of three months form today. In the meanwhile, he shall be entitled to file application for grant of regular bail in concerned Court and the concerned Court shall decide the same on its own merit without being influenced by any of the observations made herein. In view of the above order, M.Cr.C. No. 2947/2006 stands disposed of. Application Allowed.