ORDER

This is first criminal appeal filed under Section 14-A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, for grant of anticipatory bail to the appellants against rejection order dated 3.8.2022 by which application for anticipatory bail was dismissed on the ground that offence under section 18 of SC/ST Act, bars grant of anticipatory bail.

The appellants are apprehending their arrest in connection with Crime No.336/2022 registered at Police Station Bhalumada, District Anuppur for the offence punishable under Sections 147, 186, 188, 225, 294, 353 and 506 of IPC and Section 3(2)(va) of SC/ST Act.

Learned counsel for the appellants submitted that nothing has been stated in case diary or in F.I.R that appellants had abused the police party and made caste expulsion. In absence of said allegation, no offence under section 3(2) (va) of the Act is made out against the appellants.

Learned Govt. Advocate appearing for the respondent/State opposed the application for grant of anticipatory bail. It is submitted that appellants had obstructed police officers in its duty. Offence committed by appellants falls within Section 3(2)(va) of the Act which is non-bailable in nature. In these circumstances appellants may not be enlarged on bail.

(VISHAL DHAGAT) JUDGE Heard the learned counsel for the parties.

As per Section 3(2)(v) of the Act, if any offence under IPC is committed against member of Scheduled Caste/Scheduled Tribe or caused to his property knowing that he is a member of SC/ST and offence is punishable under IPC, then offence shall be punishable under section 3(2)(va) of the Act.

It has not been stated by prosecution that appellants were aware that any member of police party belongs to Scheduled Caste or Scheduled Tribe community. Considering the same it cannot be said that appellants committed the act having knowledge that member of police party belongs to Scheduled Tribe, therefore, Section 3(2)(2)(va) will not be attracted in the case. In view of same, there is no bar for grant of anticipatory bail.

Considering the same, this application is allowed . It is directed that in the event of arrest of appellants Shivcharan Kewat, Mahendra Kumar Kewat, Ravishankar Kewat, Shiva Prasad Kewat and Ramesh Kewat in connection with the aforesaid crime number and the offences, they be released on bail on each of them furnishing a personal bond in the sum of Rs.50,000/-

(Rs. Fifty Thousand only) with one solvent surety each of the like amount to the satisfaction of the Investigating Officer/Arresting Authority.

The appellants are directed to join the investigation immediately and to co-operate with the investigating agency. They will further abide by the condition enumerated in sub-section (2) of Section 438 of the Cr.P.C.

Certified copy as per rules.

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