BALDAU KAUSHIK Vs. STATE OF CHHATISGARH

JUDGEMENT

(1.) This is an application filed under Section 438 of Cr.P.C. for grant of anticipatory bail to the applicant who is apprehending his arrest in connection with Crime No. 37/2006 registered at Police Station Kabirdham (C.G.) for the offence punishable under Sections 294, 323, 506(B) of I.P.C. and 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the 'Special Act').

(2.) The case of the prosecution is that on 25-1-2006 at about 5 p.m., this applicant and the victim namely Milan were playing cards at a place in the village. Some hot exchanges took place between them. On this, the applicant assaulted the victim with his leg. The victim lodged the First Information Report on 25-1-2006. It comes in the F.I.R. that while assaulting, the applicant abused the complainant saying that "gandeve sale aaj tujhejaan se marunga".

(3.) Learned counsel for the applicant submits that in the facts and circumstances of this case, an offence u/s. 3(1)(x) of the Special Act would not be made out. His submission is that the F.I.R. does not contain that the complainant belongs to Gond caste. He further submits that the exact version mentioned in the F.I.R. does not constitute the ingredients of the offence u/s. 3(1)(x) of the Act, hence, this application filed under Section 438, Cr.P.C. would be maintainable and the bar u/s. 18 of the Act would not be attracted.