14.8.2012

Shri Sanjay Patel, Advocate for the applicant. Shri Akhilendra Singh, GA for the State. Admit. Issue notice to respondent No. 1. Steps be taken within 3 days by RAD and ordinary modes. Notice be made returnable within 3 weeks.

Heard on I.A. No. 15381/2012, an application for grant of ad-interim anticipatory bail to the applicant. The applicant apprehends his arrest in connection with Complaint Case No. 1297/2009 registered at P.S. Mohgaow, District Mandla for the offence punishable under sections 294, 211, 325, 451, 452, 506/34 of the IPC and 3(1) (x) of the SC/ST (Prevention of Atrocities) Act. Learned counsel for the applicant submits this case arose out of a private complaint filed by respondent No. 1 Mohan Paraste. The Magistrate took the cognizance on the basis of statements of witnesses recorded under sections 200 and 202 of the Cr.P.C., same are yet to be cross- examined. The applicant has been falsely implicated in this case. Mere uttering the name of caste during quarrel, does not amount to humiliation. Thus, there is no prima facie case made out against the applicant under section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act. The applicant is a reputed citizen of the locality, in the event of arrest his reputation will be tarnished, therefore, he be released on ad-interim anticipatory bail.

Learned counsel for State has opposed the application.

On due consideration of the contention raised by the learned counsel for the parties, I am of the considered view that it is a fit case to grant ad-interim anticipatory bail to the applicant, therefore, without commenting on the merits of the case, this application is allowed and it is directed that in the event of arrest, the applicant shall be enlarged on bail on his furnishing a personal bond in a sum of Rs. 25,000/-(Rs. Twenty Five Thousand only) with one surety in the like amount to the satisfaction of the arresting officer/competent Court.

The applicant shall make himself available for interrogation by a police officer as and when required. He shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C. This order shall remain in force till disposal of the main application under section 438 of Cr.P.C. List for final hearing in the week commencing 3.9.2012

Certified copy as per rules.

(G.S.Solanki)

Judge

PB