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2015 DIGILAW 165 (CHH)

CHANDRASHEKHAR @ KALICHARAN KOUSHIK v. State Of Chhattisgarh

2015-06-24

MANINDRA MOHAN SHRIVASTAVA

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ORDER : 1. Heard. 2. The applicants are apprehending their arrest in connection with Crime No.63/2015 registered at Police Station-Pathariya, District Mungeli for alleged commission of offence under Section 294, 506, 323/34 of the IPC and Section 3(l)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (In short "the Act of 1989"). 3. The case of the prosecution is that the applicants assaulted the complainant and his brother-Dular Sai, who belonged to Scheduled Tribe category and abused them by using caste language with an intention to humiliate and intimidate. 4. Learned counsel for the applicants submits that the allegation against the applicants is false. Dular Sai had molested the daughter of Janaki Prasad Kaushik and in connection with that some dispute and quarrel took place between the parties. The incident, even according to the complainant, has taken place in the house of Devi Prasad Kaushik and not in any place within the public view. Therefore, on the face of it, offence under Section 3(1)(x) of the Act of 1989 is not made out. Except this, all other offences alleged against the applicants are bailable in nature. In these circumstances, the, applicants may be protected by anticipatory bail. 5. On the other hand, learned State counsel submits that in view of the provisions under Section 18 of the Act of 1989, registration of offence under Section 3(1)(x) of the Act of 1989 bars grant of anticipatory bail. 6. The incident of beating has taken place in the closed premises in the house of Devi Prasad Kaushik. The prosecution has not collected any evidence so far which shows that other persons/outsiders have witnessed the incident and they heard the applicants using caste language to humiliate or insult the complainant. Therefore, in the opinion of this Court, bar under Section 18 would not be attracted in view of the judgment in the cases of Satyaprakash Vs. State of C.G., 2004 (1) CGLJ 162 & Abdul Abbas Vs. State of C. G., 2005(2) CGLJ 235 . 7. Taking into consideration the totality of the circumstances and the background, in which, the incident is alleged to have happened the application is allowed. 8. State of C.G., 2004 (1) CGLJ 162 & Abdul Abbas Vs. State of C. G., 2005(2) CGLJ 235 . 7. Taking into consideration the totality of the circumstances and the background, in which, the incident is alleged to have happened the application is allowed. 8. It is directed that in the event of arrest of the applicants in connection with the aforesaid offence, they shall be released on bail by the arresting officer on each of them furnishing a personal bond for a slim of Rs.20,000/- with one local surety of the like amount to the satisfaction of the arresting officer with following further conditions that : (i) the applicants shall make themselves available for interrogation by a police officer as and when required; (ii) the applicants shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts or the case so as to dissuade him from disclosing such facts to the court or to any police officer. Certified copy as per rules.