(1.) Heard. 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 Sec. 294, 506, 323/34 of the IPC and Sec. 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (In short "the Act of 1989").
(2.) 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.
(3.) 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 Sec. 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.