SOMESH DAS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The accused/applicant has preferred this application under Section 438 of the Cr.P.C. apprehending arrest in Crime No. 88/22003, Police Station Surajpur, District, Sarguja, of the offence punishable under Sections 294 and 506 of the I.P.C. and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for releasing him on anticipatory bail before arrest.

(2.) The prosecution case is that on 27-4-2003 Naib Tehsildar had convened a meeting of villagers in the primary school of the village Gaitera with regard to settlement of disputes of the claimants whose land was acquired for South Eastern Coalfields Ltd., and in that meeting the complainant and other persons were present, Naib Tehsildar H.S. Dhurve, Up Tehsil Lakhanpur was also present. At about 3 p.m. accused Someth Das Bangali arrived at that place in his car. On seeing him, complainant Kalicharan greeted him. Accused Somesh Das Bangali started abusing him with the filthy language and said that you do not deserve to greet me and abused him that "Madarchod Bhosadiwale Gond Adivasi" how you are, creating hurdles in their work, you will be killed. On hearing this, all the persons who were sitting on the spot felt it bad and they did not took it in a good taste. Being aggrieved by the behaviour of the accused Kalicharan lodged a complaint in the Police Station Surajpur. A case was registered under Sections 294 and 506 of the IPC and Section 3{i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the matter is still under investigation.

(3.) I have heard Shri S.C. Dutt, Senior, Advocate for the accused/applicant and Shri Pravin Das, Panel Lawyer for the State.