VIJAY KUMAR SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner Vijay Kumar Sharma apprehends his arrest in connection with Dhanwar P. S. Case No. 78 of 2010 for the alleged offence under Section 504 of the Indian Penal Code as also under Section 3(i)(x) of the S.C. and S.T. (Prevention of Atrocities) Act.

(2.) It was alleged in the written report of the informant Etwari Das, who put his thumb impression at the bottom therein that a well under Public Irrigation System was sanctioned to be dug out under "NREGAscheme and the work was already over some 1.5 years ago. The informant had worked in such scheme as labourer and he had been visiting the Block Development Officer for payment of his wages. Ultimately, he was advised by the B.D.O. to contact the petitioner Vijay Kumar Sharma, who was the Junior Engineer in that scheme. On 6-4-2010 when he contacted the petitioner, a sum of Rs. 10,000/- was demanded by him to which the informant explained that he had already given Rs. 5,000/- (five thousand) whereupon the informant was abused by calling him in his caste name "Chamarand was driven out saying that wages would not be given to him. From there, he went to the office of "MALEand contacted one Binay Sonthalia and narrated the occurrence then Binay Santhalia went to the petitioner to enquire to which the petitioner had threatened him that he would be falsely implicated in any case. On the basis of the written report, the case was instituted.

(3.) Mr. Krishna Murari, learned Counsel, at the out set submitted that Section 18 of the Act bars Anticipatory Bail to an accused. However, in Virendra Singh v. State of Rajasthan,2001 1 JHCR 133 Rajasthan a Full Bench of the Rajasthan High Court propounded that application for Anticipatory Bail can be entertained only on the ground of inapplicability of the Act of 1989 due to the facts of the case which will have to be gathered only from the F.I.R. and not beyond that because once it is gathered from the F.I.R. that the applicant is an accused of committing an offence laid down under Section 3 of the Act of 1989, that bar of Section 18 would instantly operate against the person, who has been made an accused of the offence under the Act of 1989.