Yudhveer Singh vs State of Chhattisgarh

K.H.N. Kuranga, C.J.

This is an application u/s 438 Cr. P.C. for grant of anticipatory bail filed by the applicant.

The applicant is an accused in Crime No. 15/2002 registered in Simga Police station for the offences punishable under sections 341, 447, 384 I.P.C. and Section 3(1)(iv) and 3(1)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short the ''Act'').

The case of the prosecution is that on 22.12.2001 the applicant wrongfully restrained complainant Ramesh from entering into an agricultural land which he claimed as belonging to him and thus he had committed the aforesaid offence.

Learned counsel for the respondent submitted that this application filed by the applicant is not maintainable in view of the bar contained in Section 18 of the Act.

Learned counsel for the applicant submitted that it is not the case of the prosecution that the land in question belonged to the complainant. It is the case of the prosecution that the complainant was claiming that he was in possession of the land in question.

According to Section 3(1)(iv) and (v) of the Act the complainant should be the owner of the land, but in this case, the case of the prosecution is that the complainant was claiming possession over the land in question. In the circumstances the application filed by the applicant u/s 438 Cr. P.C. is maintainable. The offence u/s 341 IPC is punishable with simple imprisonment for one month, Section 384 IPC is punishable with imprisonments for three years and Section 447 IPC is punishable with imprisonment for three months and fine of Rs. 500/-.

Having regard to the sentences provided for these offences, I am of the opinion that it is appropriate to grant anticipatory bail to the applicant. Accordingly the petition is allowed.

In the event of the arrest of the applicant, the Simga Police are directed to release him an bail on his executing a bond in the sum of Rs. 10,000/0 with two sureties for the like sum to the satisfaction of the aforesaid Police. He shall co-operate with the Investigation Officer in the investigation of the case.

In view of this order, I.A. Nos. 2042 and 2043 of 2002 stand disposed.