ANAR JI Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS is first application under section 438 of the Code of Criminal Procedure. The applicants are seeking anticipatory bail in connection with Crime No.436/2015 for the offences punishable under sections 327,294,120B, 323 and 506 of IPC read with section 3(1 )(x) of SC and ST (Prevention of Atrocities) Act registered at Police Station, Rajgarh (Biaora).

(2.) LEARNED counsel for the applicants submits that the applicants No. 1 and 2 are senior citizens and applicant No.4 is a Government servant and all the applicants are agriculturists. They are permanent resident of District Rajgarh (Biaora). They have been falsely implicated in this case. There was a civil dispute between the applicants and complainant and prima facie there is a general allegations against the applicants that they used to abuse the complainant by naming their caste but there is no specific allegations. Therefore, the provisions of section 18 of the Act shall not be attracted in this case. The applicants are ready to co -operate with the investigation. In such circumstances, the applicants may be granted anticipatory bail.

(3.) ON the other hand, learned Government Advocate for the non -applicant/ State vehemently opposes the prayer. He submits that in the present case provisions of section 18 of the Act are attracted, therefore, the applicants are not entitled for anticipatory bail. Therefore, he prays for dismissal of the application.