RAMESH CHAND DESHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Complainants own case as stated in the FIR is that when he went to the shop of accused on 16.9.1991 he touched the sweets (Petha) and asked the rate from the accused, he started using filthy abusive language and stated that he (Complainant) had spoiled the sweets and made them impair. His case is that he was also given beating because he belongs to Scheduled Caste. It is contended by the learned counsel for the petitioner that this complaint has been got lodged by S.H.O. Narpat Singh in whom the petitioner has bad blood. The petitioner is a journalist and exposed certain police , personnel in his paper.

(2.) I have perused the case diary and find that the incident started because of the Complainant himself in respect of caste, class breed or sex. No good shop-keeper permits any customers or outsider to touch his sweets while they are in the counter as it is seriously objected to by the other customers, therefore, even if such an incident took place it was natural a re-action of the shop-keeper not because of caste or cummunal bais, but even otherwise as people do not even wash their hands before touch the eatables which are meant for sale in a shop. Therefore, the Complainant basically given a cause of annoyance and in these circumstances I am inclined to accept this application.

(3.) The SHO/Arresting Officer/Investigating Officer, police Station, Bayana in FIR No. 375/91 is therefore, directed that in the evet of arrest of the petitioner Ramesh Chand Deshi he shall be released on bail provided he furnishes a personal bond in the sum of Rs. 2000.00 with one surety in the like amount to his satisfaction on the following conditions: