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2006 Supreme(Chh) 582

S.K.SINHA
PRAMILA BAI – Appellant
Versus
STATE OF C. G. – Respondent


Advocates appeared:
Shri G.S. Agrawal, Sr. Advocate with Shri K.R. Nair, for the Applicants.
Shri M.P.S. Bhatia, Panel Lawyer, for the State.

ORDER

Sunil Kumar Sinha, J, :-

1 This is an application filed under Section 438 of the code of Criminal procedure for grant of anticipatory bail to the applicants, who are apprehending their arrest in connection with Crime No.157 /2006, registered at Police Station Special Police Station, Dhamtari, District-Dhamtari (C.G.) for the offence punishable under Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Special Act") and Section 3,4, & 5 of the Chhattisgarh Tonahi Pratadna Nivaran Act, 2005 and Sections 294 & 506 Part-II of the IPC.

2. The case of the Prosecution is that these applicants went to the premises of the complainant namely Smt. Jamna Bai and they tried to dismantle the Khaprel house of the complainant. It is stated that when they were doing the said act, they had abused the complainant by caste and they had also used the word like ‘tonahi’.

3. Learned counsel for the applicants submits that in fact, this matter appears to be a civil dispute between the parties. Referring to the copies of 2 Sale-deeds, he submits that the land in question bearing Khasra No. 966 area 1.182 acres were purchased by













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