L.C. Bhadoo, J.

1. The accused/applicant has preferred this application under Section 438 of the Cr.P.C, apprehending arrest in Crime No. 88/2003, Police Station, Surajpur, District Sarguja, of the offence punishable under Sections 294 and 506 of the IPC and Section, 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for releasing him on anticipatory bail before arrest.

2. The prosecution case is that on 27-4-2003 Naib Tehsildar had convened a meeting of villagers in the primary school of the Village Gaitera with regard to settlement of disputes of the claimants whose land was acquired for South Eastern Coalfields Ltd., and in that meeting the complainant and other persons were present, Naib Tehsildar H.S. Dhurve, Up Tehsil Lakhanpur was also present. At about 3 p.m. accused Somesh Das Bangali arrived at that place in his car. On seeing him, complainant Kalicharan greeted him. Accused Somesh Das Bangali started abusing him with the filthy language and said that you do not deserve to greet me and abused him that "Madarchod Bhosadiwale GondAdivasi" how your are creating hurdles in their work, you will be killed. On hearing this, all the perso