RAM NIWAS RALIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned Public Prosecutor. So far as the accused petitioners Ram Niwas Raliya S/o Daularam Raliya and Prahlad S/o Shri Manohar Singh are concerned, I find no case for granting theni pre-arrest bail as each of them used sharp-edged weapon. So far as other accused persons are concerned, they have not used sharp edged weapon and the occurrence has taken place all of sudden. In FIR it is not alleged that any beating was given with intention to humuliate Omkarmal Meena who is a member of Scheduled Tribe.

(2.) IN my opinion, before bar of Section 18 of the SC/st (Prevention of Atrocities) Act, 1989 can be attracted and it can be said that Section 438 of the Act (sic Cr. P. C) not applicable, the first pre-condition that prima facie there must be an atrocity committed on a member of Scheduled Tribe as defined in Section 3 of the Scheduled Caste/scheduled Tribe (Prevention of Atrocities) Act, 1989. I am of the opinion that prima facie the said Section 3 of the Act does not appear to be attracted as any atrocity does not appear to have been committed. I therefore, allow this bail application.