MAHESH CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for petitioner, Public Prosecutor and so also counsel for complainant; and with their assistance, perused material made available at the time of arguments. Instant bail application u/Sec. 439 Cr. P.C. arises out of FIR No. 315/2011 registered for offence u/Sec. 323, 341, 447, 427, 506, 384 IPC read with Sec. 3-1(10)(5)(14) of Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act.

(2.) The ld. court below, after taking note of the present accusation of the accused-petitioner and his past antecedents where almost 20 cases were registered against him, rejected the post arrest bail of the accused petitioner vide order dt. 6.6.2012.

(3.) From the facts available on record, it has come out that complainant Jawan Singh Koli, who is a member of Scheduled Caste community, submitted a written report on 14.9.2011 at 3.30 PM at Police Station Basedi, District Dholpur alleging therein that on 5.9.2011 at about 11.00 AM Mahesh (accused-petitioner), Tikam and Vinod, who are residents of village Nagala Darbesh, Police Station Basedi, District Dholpur came to his agricultural field bearing Khasra No. 1150 and threatened him to sold the land to them as they want to sold after converting into residential plots and if he fails to do so, they will kill him and his family; and Mahesh (accused-petitioner), Tikam and Vinod started beating him and his wife (Urmila) and abusing him by passing sarcastic remarks denoting/indicating his caste. It was further alleged in FIR that these persons are not permitting him to cultivate his filed for last two years.