LEELADHAR YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS application has been filed for anticipatory bail as the applicant is apprehending his arrest in connection with Crime No. 121/2008 registered at Police Station, Bageecha, District Jashpur for the offences punishable under Sections 384, 386, 294, 506(B) and 323 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short 'the Act').

(2.) CASE of the prosecution in brief is that the present applicant is the Panch, complainant Kuldeep Tirky is the Sarpanch and one Selbestar Minj is the Secretary of Gram Panchayat, Budhadand. The applicant filed an application before the Competent Authority under the provisions of Right to Information Act, 2005 seeking certain information relating to developmental work carried by the Gram Panchayat Budhadand in the year 2005-06 and 2006-07. After filing the said application, the applicant was threatened by complainant Kuldeep Tirky, Secretary Selbestar Minj and the Up Sarpanch that he should withdraw the application filed under the provisions of Right to Information Act otherwise they would drag him in a false case. Thereafter, the applicant intimated the same to the Police and the Deputy Collector vide intimation dated 17-5-2008. On the application filed by the applicant seeking certain information, the District Information Officer, Jashpur, directed the Chief Executive Officer, Bageecha to ensure that information sought for by the applicant be provided to him. But instead of providing the information to the applicant, complainant Kuldeep Tirky, the Sarpanch of the said Gram Panchayat, made a written complaint to the Superintendent of Police on 22-6-2008 against the applicant stating that the applicant has humiliated him on the basis of caste, demanded from him Rs. 1,50,000.00 and also threatened to kill him and also the Secretary.

(3.) ON the other hand Counsel for the State opposes the application for anticipatory bail and submits that the complaint prima facie shows that the applicant has insulted the complainant who is a member of Scheduled Tribe in public view and also committed the offence of extortion punishable under Sections 384 and 386 of the IPC, which are non-bailable offences, therefore, the applicant is not entitled for the privilege of anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973.