RAJESH SHRIVASTAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Apprehending arrest in connection with Crime No.113/2017 registered at Police Station- Masturi, District - Bilaspur, for offence punishable under Sections 294, 506, 323, 34 of the Indian Penal Code and Sections 3(1)(X) of the S.C./S.T. (PA) Act, the Applicants have preferred these Applications for grant of anticipatory bail.

(2.) Case of the prosecution as per the case diary is that on 19.03.2017 it is said that the present Applicants is said to have finding the complainant, Ex. Sarpanch of the village namely Chamru Sarthi on the public road near a Tea Shop, have surrounded the complainant and started abusing him, threatened and insulted him on his caste. Subsequently, the said complainant - Chamru Sarthi lodged report, on the basis of which the FIR has been lodged and the present Applicants have prosecuted for the offence punishable under Sections 294, 506, 323, 34 of the Indian Penal Code and Sections 3(1)(X) of the S.C./S.T. (PA) Act.

(3.) Learned Counsel for the Applicants submit that except for the offence under Section 3(1)(X) of the S.C./S.T. (PA) Act all the other offences are bailable offences. He submits that no offence under Section 3(1)(X) of the S.C./S.T. (PA) Act is made out as there is no clear accusation of any caste related terms used by the present Applicants and that the accusation made would not constitute intention to humiliate or intimidate the complainant on his caste. Further, the present complaint has been lodged to counter the two other sets of complaints lodged by the group to which the Applicants belong against the complainant in the present case and the present complaint has been lodged only to counter those cases. He submits that no such incident in fact occurred and it is false and baseless complaint which has been lodged by the complainant. It was further contended that it is a case where complaint in fact is clear abuse of process of law and abuse of justice delivery system.