DESH BANDHU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal under Sec. 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act') has been filed on behalf of the appellant being aggrieved with the order dtd. 3/6/2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Jodhpur (hereinafter to be referred as 'trial court') in Anticipatory Bail Petition No. 141/2018, whereby the trial court has dismissed the anticipatory bail application filed on behalf of the appellant.

(2.) The appellant apprehends his arrest in connection with FIR No. 32/2019 of Police Station Bilara, District Jodhpur Rural for the offence punishable under Sec. 341, 323 and 354/34 IPC and Ss. 3(1)(R)(S) and 3(2)(V)(A) of SC/ST Act.

(3.) Learned counsel for the appellant has submitted that the allegations levelled against the appellant of abusing the complainant with casteist remarks and outraging the modesty of a girl are false. It is submitted that as a matter of fact the Amraram and his family brought a new truck in the Karni Mata Temple of village Badi Khurd for puja early in the morning on 30/1/2019 and at that time, the appellant was passing through in front of that temple; he had simply asked Amraram and his family that they should not have brought the new truck in the campus of temple as it may destroy the plants standing there and on account of that, some altercation took place between them, thereafter the appellant left the place of incident immediately. It is submitted that later on, at the instance of Amraram and others, their servant-complainant Banshi Lal lodged a false report against the appellant and his brother. It is submitted that Amraram and others have got this false case filed against the appellant because the daughter-in-law of the appellant's brother won the election of Sarpanch against a woman of Amraram's family and on account of this political rivalry, this false FIR has been lodged. Learned counsel for the appellant has submitted that in the facts and circumstances of the case no case of any offence punishable under SC/ST Act is made out against the appellant, therefore, this criminal appeal may kindly be allowed and the appellant may kindly be granted benefit of anticipatory bail.