DILIP CHHABARIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The accused/applicant has preferred this bail application under Section 438 of the Cr.PC apprehending arrest in Crime No. 52/2004, registered at Police Station, Bhatapara for commission of the offence punishable under Sections 294, 506, 323 read with Section 34 of the IPC and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act') for releasing him on anticipatory bail before arrest.

(2.) The case of the prosecution is that on 15-3-2004 at about 1.30 p.m. when complainant Rajendra Miri, member of Municipal Council, Bhatapara was in his office, at that time accused/applicant along with 15-20 members came to his office, abused him in the name of caste, slapped him 4 to 5 times and threatened him with dire consequences. On this report, the case was registered for the above mentioned offences and the matter is still under investigation.

(3.) I have heard learned Counsel for the parties.