ABDUL ABBAS Vs. STATE OF CHHATISGARH

JUDGEMENT

(1.) The applicant has preferred this anticipatory bail application apprehending his arrest in Crime No. 17 of 2004 of Police Station A.J.K., Ambikapur, Distt. Sarguja for the offences punishable under Ss. 294, 506 read with S. 34,1.P.C. and Ss. 3(l)(v) and 3(l)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) The case of the prosecution is that the complainant, who belongs to Special Caste (Uraon) is having a piece of land admeasuring 0.026 Ars. bearing Khasra No. 205/4 at Nawagarh near Kharsia Road, Ambikapur. The applicant along with other persons started some construction over the said land and when the same was resisted, the applicant and other persons abused the complainant by using filthy language relating to his caste. The First Information Report is a written document.

(3.) Learned counsel for the accused-applicant argues that there is no positive evidence on record which may attract the provisions of S. 3(l)(v) and 3(l)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. He further submits that except the offence under the Special Act, other offences are bailable.