DULE SINGH Vs. STATE THROUGH POLICE RAJGARH

JUDGEMENT

(1.) THIS is an application u/s. 438 Cr. P. C. for grant of anticipatory bail to the applicant -petitioner who has been accused of the offence under Section 294 I.P.C. and Section 3(1) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act').

(2.) SECTION 18 of the Act provides that nothing in Section 438 of the Code shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence under this Act.

(3.) ADVERTING to the statements made to the Police by the complainant and her brother it is apparent that while the complainant was working as one of the laborers and picking up bricks the stack of bricks had fallen whereupon the complainant scolded her by uttering falthy abuses commencing with the words "CHAMARAN ACHHOOT". It is however, not stated by the complainant or her brother that the accused intentionally insulted or intimidated with intent to humiliate the complainant as a member of Schedule Cast.