Point of Law : Criminal Law - Criminal Trial - Anticipatory bail application - Statements of witnesses recorded by the Investigating Officer, the allegation of intimidation with intent to humiliate a member of scheduled caste in public view by taking his caste name is fully proved.

JUDGMENT :

1. Counter affidavit filed by learned A.G.A. in the Court today is taken on record.

2. Heard learned counsel for the applicant and learned A.G.A. for the State.

3. Order on Criminal Misc. Exemption Application This exemption application is allowed.

4. Order on Criminal Misc. Anticipatory Bail Application

The instant anticipatory bail application has been filed with a prayer to grant an anticipatory bail to the applicant, Shivam, in Case Crime No. 16 of 2020, under Sections-323, 504, 506 I.P.C. & Section 3(1)(r)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station-Churkhi, District-Jalaun at post-cognizance stage.

5. Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A as per Section 438 (3) Cr.P.C. (U.P. Amendment) is not required.

6. The allegation in the F.I.R is that the informant is a newsman. He noticed that crowd has collected on the bus stand. He requested the policemen in Dial 112 vehicle standing nearby to remove the crowd. The crowd was removed. Thereafter, some dabanggs of the locality namely Prashant, son of Shyam Kishore Tiwari and Shibbi @ Shivam Tiwari (applicant), son of Mahant Tiwari, came and abused the informant by using the word “dhedchamaar” etc., and also abused him in the name of his mother and sister because they were aware of the caste of the applicant. They threatened him that if he will indulge in journalism, he would be killed.

7. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in this case. He has next submitted that no specific role was assigned to the applicant in the F.I.R. Without collecting any evidence against the applicant, charge-sheet has been submitted against him on 12.05.2020 and cognizance has been taken thereon on 20.11.2020. There is no role assigned to him regarding intimidation or insult of the informant in public view and therefore, the implication of the applicant for offence u/s 3(1)(r)(s) of the S.C./S.T. Act, is without any basis. He has further submitted that from the material collected by the Investigating Officer, it is not proved that the informant was abused by the applicant and co-accused, knowing that he belongs to scheduled caste. He has no criminal history to his credit. The applicant has definite apprehension that he may be arrested by the police any time. Learned counsel for the applicant has relied upon the judgment of the Apex Court in the case of Gorige Pentaiah v. State of A.P. & Ors., 2009 Cri.L.J. 350, which is a case regarding Section 3(1)(x) of S.C./S.T. Act and not Section 3(1)(r)(s) of S.C./S.T. Act. He has assured that the applicant will cooperate with the trial and may be enlarged on anticipatory bail.

8. Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant. He has submitted that in view of the seriousness of the allegations made against the applicant, he is not entitled to grant of anticipatory bail. The apprehension of the applicant is not founded on any material on record. Only on the basis of imaginary fear, anticipatory bail cannot be granted.

9. This Court in the case of Adil Vs. State of U.P. passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.8285 of 2020 dated 08.12.2020, relying upon the judgment of the Hon’ble Supreme Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)-2020 SCC Online SC 98 held that anticipatory bail can be granted to an accused even after submission of charge-sheet in “appropriate cases”. On the basis of the aforesaid judgment of this Court in the case of Adil (supra), large number of anticipatory