JAGANNATH PRASAD SHARMA Vs. STATE OF C G

JUDGEMENT

(1.) THIS is an application filed under Section 438 of Code of Criminal Procedure for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No. 85/2006, registered at Police Station-Mainpur, District- Raipur (C.G.) for commission of the offence punishable under Section 354 of IPC and Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Special Act).

(2.) THE brief facts are that on 25.11.2006, an unanimous written report, signed by many villagers, was submitted to the police station-Mainpur alleging that the applicant, who is the Head Master of the local primary school used to dishonor and outrage the modesty of the female students, who are reading in his institution. It was specifically mentioned in the report that the applicant used to press the breast of Ku. Maheshwari D/o Manashram (student of class Vth), Ku. Devwati D/o Phool Singh (student of class IIIrd), Ku. Sukakti D/o Rajeshwar (student of class IInd), Ku. Vidiya D/o Pooran Singh (student of class IIIrd), Ku. Devkumari D/o Sahadev (student of class IVth) and many other students and he also used to put his hands inside their underwear and due to his such behaviour, there is a tension in the village and the students are also not going to the school for studies. On such report, statements of various students, including those named in F.I.R., were recorded, who also supported the above contents of the F.I.R. Among the above students, many belong to special category (Scheduled Castes and Scheduled Tribes) to whom the aforesaid Act applies.

(3.) ON the other hand, learned Counsel for the State opposed the bail application. He firstly raised objection in view of Section 18 of the Special Act. ON merits, he argued that the unanimous allegations regarding commission of such act by a teacher against the female students should be viewed seriously. There is no question of lodging malafide and false report, as the guardians of small female wards would not use their wards as instrumentalities for redressal of their political or personal grievance in such a manner.