DAYAL VASNIK Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard on this appeal for anticipatory bail under Section 14-A of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act , 1989 filed on behalf of appellants Dayal Vasnik, Gaurav Nagpure, Kapil Bairagi and Tosib Jubin in Crime No. No.435/2017 registered by P.S. Kotwali Balaghat, District- Balaghat under Sections 294 , 506 , 323 read with Section 34 of the I.P.C. and Section 3 (1) Da, Dha, 3 (2), (va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989. The appeal is directed against order dated 06.10.2017 passed by the Court of Special Judge, Balaghat in bail application No.478/2017, whereby the application under Section 438 of the Cr.P.C. for anticipatory bail filed on behalf of appellants Dayal Vasnik, Gaurav Nagpure, Kapil Bairagi and Tosib Jubin was dismissed. As per the prosecution case, victim Rajkumar Dongre is House-Keeper in hotel Gulmohar, Balaghat. At about 4:00 p.m. on 24.9.2017, there was a meeting convened by congress party in the upper hall of the hotel. Appellant Tosib used to visit Gulmohar hotel. He asked for a glass of water from victim Rajkumar; whereon, he promised to fetch a glass of water for him from downstairs; whereon, appellant Tosib caught hold of collar of the victim, filthily and referred to his scheduled castes in a derogatory manner. He told the victim that the he did not know that appellant Tosib is spokesperson of Congress Party. He told the victim that victim belonged to a lower caste and he was forgetting his status. When the victim asked appellant Tosib not to abuse him, appellant Tosib beat him with hands and fisticuffs on chest. Appellants Gaurav Nagpure and Kapil Bairagi pounced upon the victim and beat him with kicks and fisticuffs. When the victim raised an alarm, Hotel Owner Anurag, Manager Dolly Patel and Shakir Ali arrived on the spot and interceded on behalf of the victim; whereon, appellant Tosib and his companions warned him, again referring to him by his scheduled castes that he had escaped on that date if he repeated his misdemeanor, they would kill him.

(2.) So far as the appellant Dayal Vasnik is concerned, learned Senior Counsel for the appellant submits that he is member of a scheduled caste. Aforesaid fact is supported by a copy of Permanent Caste Certificate issued by a competent authority, which reveals that appellant Dayal Vasnik is Mahar by caste, which is a scheduled castes. Thus, provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act would not apply, so far as the case of appellant Dayal Vasnik is concerned. It has further been submitted that the apart from allegation of the offences under the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , the incident is trivial in nature and the injuries sustained by the victim were simple and superficial; therefore, appellant Dayal Vasnik deserves the benefit of anticipatory bail.

(3.) Learned government advocate for the respondent no.1/State as well as learned counsel for the victim on the other hand, has opposed the application; however, he has conceded that appellant Dayal Vasnik belonged to a Scheduled Caste; therefore, provisions of the Act would not apply against him.