SHYAM BIHARI BHATT Vs. STATE OF C G

JUDGEMENT

(1.) HEARD .

(2.) THE applicant has preferred this application under Section 438 of the Cr.P.C, apprehending arrest in Crime No. 112/2006, registered at Police Station: Chhuikhadan, Dist. Rajnandgaon (C.G.) for commission of offence punishable under Sections 294 of the IPC and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (henceforth, "the Act") for releasing him on anticipatory bail.

(3.) LEARNED counsel for the applicant contended that on 17/4/2006 a number of persons were found in the Forest, Compartment No. 102 extracting holders, therefore, Range Forest Officer registered cases against those persons and seized the holders. Applicant who is Deputy Range Forest Officer was assigned with the investigation. Applicant recorded statement of those persons. Ram Kumar in his statement allege that he has been engaged by Sher Singh and Mahendra Singh for extracting the boulders, therefore, he requested that other persons who are involved in the crime should also be punished. In order to ascertain the correctness, applicant interrogated Sher Singh, who in order to escape himself with the crime not only threatened the applicant, but lodged the false complaint, therefore, Section 18 of the Act, does not bar his application. On the other hand, learned counsel for the State opposed the application.