BISHAN DEV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present application has been moved in peculiar circumstances by the learned counsel pointing out that while the bail was granted to the accused petitioner Bishan son of Dadli on 29.06.2018, on account of typographical mistake the caste mentioned was Mev while his caste was Jatav. On account of said reason alone, the bail bonds were not accepted and the petitioner has remained in jail for last 5 days. He prays that the order be corrected and the caste be mentioned as Jatav instead of Mev.

(2.) Taking note of the submissions, this Court is deeply anguished that a person should be left to remain in custody and his bail bonds are not accepted merely because the caste has wronglly mentioned in the order. It is also to be noted that he is the sole accused in the case. It is also to be noted that the Police while arresting an accused mentions caste in the arrest memo and caste has been mentioned as a factor for identifying a person which is extremely abhorrent and contrary to the principles laid down in the Constitution. An individual is not to be identified by his caste but by his parentage. Time has come that the State should strive towards a casteless society. However, the functionaries of the State instead insist on mentioning caste. On account of typographical error of mentioning of a caste, a person cannot be left to be incarcerated like in the present case where the petitioner accused was not released on bail for last 5 days in spite of an order of granting bail in his favour.

(3.) It is therefore accordingly directed that in future in the bail applications caste of accused shall not be mentioned. It is also further directed that the Police shall not mention the caste of an individual in the arrest memo as identifying a person by caste is neither provided under the Cr.P.C. nor it is provided under any law under the Constitution. However, this direction shall not apply in relation to the cases arising out of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.