RAMESH SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) According to the case of the State, an FIR was registered in Tendukheda Police Station, District Damoh in connection with Crime No.57/16 for the offences punishable under Sections 323, 294 & 506 of IPC against the applicant who is said to have assaulted the complainant on 29.04.2016 and it is stated that the applicant had slapped the complainant, because of which he fell down and suffered an injury on the knee. It is further alleged that the applicant is said to have used filthy language and abused the complainant. Besides offences under Sections 323, 294 & 506 of IPC, subsequently offences under Section 3(2)(v -ka) and 3(1)(da) of SC & ST Act were included. Upon medical examination and X -ray done on the complainant, it was found that the patella has suffered fracture, on account of which, offence under Section 325 of IPC has also been added to the list of offences.

(2.) Learned counsel for the applicant states that all the sections of IPC are bailable, but the offence under SC/ST Act, on account of which, the applicant has preferred the instant application under Section 438 of Cr.P.C. Learned counsel for the applicant has read out the contents of the FIR. The said FIR does not disclose that any caste based words were used against the complainant. Further, the FIR also does not disclose that the applicant had knowledge of the fact that the complainant belongs to SC/ST community and it was on account to humiliate him, the applicant herein had assaulted the complainant. I have requested the learned counsel for the State to read out the statement under Section 161 of Cr.P.C. of the complainant. Learned counsel for the State says that it is not legible beyond a point. However, the legible portion that is read out by the learned counsel for the State does not disclose that the applicant herein assaulted the complainant in order to humiliate him because of his caste status. Under the circumstances, I am satisfied that the bar of Section 18 of SC/ST Act has been lifted, as prima facie, it does not disclose any offence under the SC/ST Act. The observations made hereinabove are only for the purpose of disposing of the application under Section 438 of Cr.P.C.

(3.) Under the circumstances, I am inclined to allow the instant application under Section 438 of Cr.P.C. and direct that upon his arrest by the Arresting Officer, the applicant herein shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/ - (Rupees fifty thousand only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer, subject to the conditions enumerated in Section 438(2) of the Code of Criminal Procedure, 1973.