SATYA NARAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioners have applied for grant of bail u/s. 438 Cr. P. C. in a case registered under Sections 147,323 and 452 IPC and Section 3 of SC/st (Prevention of Atrocities Act), 1989, at Police Station Kherli district Alwar vide first information report No. 106/91.

(2.) PETITIONERS Nos. 2, 3, 4 and 5 are belonged to the same family. The petitioner No. 2 is the father of petitioners Nos. 3 to 5. It has been stated that he is old and infirm person of 70 years of age. It has also been stated that the accused petitioners 1 and 5 are minors. Petitioner No. 2 has claimed that he is a Social Worker and he is a member of Samiti Harijan Sevak Sangh, Rajasthan sub Branch Kherli of district Alwar. This Sangh is working for the welfare of the members of reserved class since 1932.

(3.) NOW if provisions of Section 3 ( 1 ) (x) are looked into, it is clearly borne out that there must be an intentional insult or intimidation and this must be with intention to humiliate a member of SC/st. in any place within public view. In order to constitute the accusation of an offence under Section 3 (1) (x) there must be an allegation that the accused has/have intentionally insulted or intimidated the complainant in a place which was within public view and such insult or intimidation was done with the intention to humiliate the complainant. If these ingredients are to be found in the accusation, it would be said that the person is accused of having committed an offence under Section 3 of the 1989 Act.