HIMMAT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the applicants and the learned Public Prosecutor and also perused the case diary.

(2.) An F.I.R. has been registered inter alia against the applicants herein alleging commission of offences under Sections 143, 341, 323 Indian Penal Code. and Section 3(l)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "the SC/ST Act " hereinafter).

(3.) The learned counsel for the applicants submitted that except the offence under Section 3(l)(x) of the SC/ST Act, all other offences alleged to have been committed by the applicants are bailable. The learned counsel submitted that the omnibus allegations regarding abusing the complainant in the name of the caste have been levelled. It is urged by learned counsel that the allegations as contained in the F.I.R. do not constitute an offence under Section 3(l)(x) inasmuch as there is no allegation that the applicants have intentionally insulted or intimidated the complainant in any place in a public view and such insult or intimidation was done with an intention to humiliate the complainant, therefore, no prima facie case regarding commission of offence under Section 3(l)(x) of the SC/ST Act is made out against the applicants. The injuries caused to the victims are simple in nature. Accordingly, it is submitted that the applicants are entitled for protection under Section 438 Criminal Procedure Code.