R.K.VERMA
Dule Singh – Appellant
Versus
State through Police Rajgarh – Respondent
1. This is an application u/s. 438 Cr. P. C. for grant of anticipatory bail to the applicant-petitioner who has been accused of the offence under Section 294 I.P.C. and Section 3(1) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act').
2. Section 18 of the Act provides that nothing in Section 438 of the Code shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence under this Act.
3. Learned counsel for the petitioner accused has submitted that the bar of Sec. 18 of the Act shall not apply in the instant case because there is in fact no accusation of having committed an offence under this Act. Learned counsel contends that in order to constitute an accusation of an offence under this Act the ingredients of the offence must be stated clearly by the complainant and/or other eye-witnesses in the statements recorded by the police so as to attract the provision of Sec 18 of the Act, which denies the remedy of anticipatory bail Before considering the police statements in the Police-case-diary it would be pertinent to refer to the offence mentioned un
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