R K SINGH Vs. STATE OF CHHATTISHGARH

JUDGEMENT

(1.) These are the two bail applications filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the applicants, who are apprehending their arrest in connection with crime No. 195/2006, registered at Police Station-Dipka, District-Korba (CG) for the offence punishable under Sections 342, 294, 323 and 506-B read with Section 34 of the 1PC and Section 3(l)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the 'Special Act').

(2.) The brief facts are that the complainant namely-Juiious Lakra was a Security Guard under a private agency known as 'Thunderbolt Security Services Camp Gevra, District-Korba'. The applicants were also working in the same concern. The victim was working in the said concern since 16.6.2004. On 3.10.2006, at about 8.30 a.m., the victim was called by the applicant-Pushpendra Singh, who said to him that now his services are no more required and he should take up his salary cheque and should leave the job. On this, the victim replied that he should be given his payment in cash. The allegations are that on account of this, the applicants assaulted the deceased with hands and fists. They assaulted the victim in the Barrack and while assaulting him, they abused him. They used the following words: "tJo-frEPR ^T dnft^I^t BT^t {^fflPT qildl t"''

(3.) Learned counsel for the applicants argues that all the offences under the I.P.C. are bailable offences and in the facts and circumstances of the case, an offence under Section 3(1) (x) of the Special Act would not be made out; therefore, the applicants may be admitted to anticipatory bail.