BHAGWANA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the papers made available to me.

(2.) This is an application for bail under Sec. 438 Criminal Procedure Code. wherein besides other offences which are all bailable Sec. 3 of the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act, has been added. The contention of the petitioner is that the litigation is going on between the Complainant and the accused petitioner concerning possession of a Bada and therefore, a false case has been foisted against the petitioner despite the fact that he is staying in Calcutta. He has also shown some documents to the Court to show his alibi.

(3.) I do not intend to enter into that question at present but suffice it to say that due to previous enmity the petitioner has an arguable case for acquittal.