MOOL CHAND JAIN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) HEARD. THE applicants have preferred this application under Section 438 of Cr. P. C. for grant of anticipatory bail as they are apprehending their arrest in connection with cr. No. 139/ 09 registered in Police Station-Rajhara, District Durg for the offence punishable under Sections 294, 323, 34 of the ipc and Sections 3 (1) (x) of the Scheduled castes and Scheduled Tribes (Prevention of atrocities) Act.

(2.) BRIEFLY stated, facts of the case are that complainant Banwariram Markam, a member of Scheduled Tribes lodged a report on 17. 6. 2009 at about 21. 05 hours alleging therein that he had gone with one Dinesh jaiswal and Srinivas for cleaning the grass and bush present over the plot allotted to vanvasi Vikas Samiti situated before chiklakasa Govt. Hospital, when the applicants came there and started assaulting by pelting stones by using abusive language "adivasi Chamar Tatha Madarchodon ko jinda Gaad Doonga". At that time, Amit mundra tried to intervene and he was also assaulted by the applicants and bitten The incident was witnessed by Dinesh Jaiswal, srinivas Laxmi and Suresh Deshmukh. On the basis of above complaint, the offence, as mentioned above, was registered against the applicants.

(3.) SHRI Raja Sharma, learned counsel for the applicants submits that the dispute is regarding the landed property, which is in possession of the applicants family; they have obtained stay orders from the competent Courts vide Annexure A2 and A3; and the incident occurred when the complainant was trying to disturb possession of the applicants. There is no allegation that the applicants intentionally insulted or intimidated with intent to humiliate the complainant; no insults were inflicted on the basis of complainant's caste; the complainant is not a member of Scheduled Caste community, and the word Adivasi is non-insulting common noun. The alleged offence was not committed within the public view. He further submits that a counter case under Cr, no. 139/09 has also been registered against the complainant with respect to the same incident.