KAPIL DURGWANI Vs. STATE OF MP

JUDGEMENT

(1.) This application under Section 438, Code of Criminal Procedure is filed by the present applicant for grant of anticipatory bail in connection with Crime No. 87/2010 registered at Police Station (AJK) Pali District, Umariya for the offence punishable under Sections 294, 323, 506, 326 of IPC and Sections 3 (1) (x) and 3 (2) (v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred as the 'SC/ST Act').

(2.) The prosecution story in short is that the applicant assaulted the complainant Guddu Sonkar by knife causing grievous hurt to him. It is also alleged that the applicant abused the complainant Guddu Sonkar mentioning his caste. The complainant also stated in FIR that the applicant has committed the aforesaid crime to insult the complainant on the basis of caste.

(3.) The learned Counsel for the applicant submits that the applicants' date of birth was 10-8-1993 and, therefore, he was below 18 years of age at the time of incident, in such circumstances he comes under the category of 'juvenile' and, therefore, he is entitled for anticipatory bail. It has been urged on his behalf that no offence under Sections 3 (1) (x) and 3 (2) (v) of the SC/ST Act' is made out. And, therefore, bar of Section 18 of the SC/ST Act is not attracted in present case.