BHUPENDRA DAS VAISHNAVA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is an application filed under Section 438 of the Cr. P.C. for grant of anticipatory bail to the applicants, who apprehend their arrest in connection with Crime No. 389/2005 registered at Police Station, Kawardha, District Kabirdham (C.G.) for the offence punishable under Sections 452, 294, 323, 506 of the I.P.C. and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short Special Act).

(2.) At the very outset, learned counsel for the State, referring to the memo dated 06.12.2005, written by Superintendent of Police, District-Kabirdham to the Deputy Superintendent of Police A. J.K. Kawardha, submitted that on the direction of the Superintendent of Police, which was made on the basis of an application given by the father of the complainant, the offence under the Special Act has been withdrawn by the prosecution and now, the case is registered only under the aforementioned Sections of the IPC and there is no case under the Special Act.

(3.) The case of the prosecution is that the complainant namely, Devesh Devdas, a young boy aged about 15 years is a student of Class X. He had some quarrel with the son of applicant No. 1 prior to 24.10.2005. The allegations are that on account of this, the applicants entered into the house of the complainant at about 20.30 hours on 24.10,2005 and thereafter, assaulted him.