MANSINGH RAJAK Vs. STATE OF M P

JUDGEMENT

(1.) This is the first bail filed by the applicant under section 438 of the CrPC for grant of anticipatory bail. The applicant apprehendshis arrest in connection with Crime No.208/ 2014 registered at P.S., SDOP Rahatgarh, District Sagar for the offences punishable under sections 294,323 and 506/34 of the IPC and section 3(l)(x) of the SC/ST (Prevention of Atrocities) Act. 3. As per prosecution itself, the incident took place on the basis of previous dispute between the parties. It is alleged against this applicant that this applicant and other co -accused persons had abused Ram Kishan and assaulted him. During the aforesaid incident, the name of the caste of the complainant has been uttered by the accused persons. Learned counsel for the applicant submitted that mere uttering the name of the caste during the quarrel does not amount to humiliation. In these circumstances, there is no prima facie evidence in regard to offences under section 3(1 )(x) of the SC/ ST Act. Therefore, bar under section 18 of the Act is not applicable in this case. It is, therefore, prayed that the applicant be released on anticipatory bail. 4. Learned counsel for State has -opposed the application. 5. On due consideration of the contention raised by the learned counsel for the parties and overall facts and circumstances of the case, I am of the considered view that it is a fit case to release the applicant on anticipatory bail. Therefore, without commenting on the merits of the case, this application is allowed and it is directed that in the event of arrest, the applicant shall be released on bail on his furnishing a personal bond in a sum of Rs.25,000/ -(Rs.Twenty Five Thousand only) with one surety in the like amount to the satisfaction of arresting officer. 6. The applicant is directed to join the investigation immediately and fully co -operate with the investigation. He shall further abide by the other conditions enumerated in sub -section (2) of section 438 of CrPC. 7. In view of the ratio laid down by Hon 'ble apex Court in Siddharam Satlingappa Mhetre v. State of Maharashtra and others, 2010 13 JT 247 this order shall remain in force till the end of the trial.