Madhya Pradesh High Court
Ramesh Tiwari vs The State Of Madhya Pradesh on 18 July, 2014
1 Mcrc.5668.2014
Ramesh Tiwari Vs. State of M.P.
18/07/2014
Shri R.P. Singh, Advocate, for the applicant- Ram
Narayan Tiwari
Shri R.K. Awasthy, P.P., for the respondent/State.
Heard.
Perused the case diary.
This is first application under Section 438 of Cr.P.C. filed on behalf of applicant for grant of anticipatory bail.
Applicant is apprehending his arrest in connection with Crime No.56/2014 registered against him at Police Station AJAK, District Datia (M.P.) for commission of offence punishable under Sections 294, 323, 506B/34 of IPC and under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
As per the prosecution story, the incident occurred on 17.06.2014 at about 5 pm. At that time applicant Ramesh Tiwari and other co-accused Sonu Tiwari and Ram Narayan Tiwari reached by tractor on the agricultural land of complainant Deena Ahirwar and Parwarti, who belong to scheduled caste, community and started ploughing it. On which, on the issue of ploughing the agricultural land some altercation took place between the parties and some abusive language denoting to their caste was uttered by the applicant as "eknj pksn pejk okys rw gesa tkurk ugha gS".
Section 3(1)(x) of the Scheduled Castes and Scheduled 2 Mcrc.5668.2014 Ramesh Tiwari Vs. State of M.P. Tribes (Prevention of Atrocities) Act, 1989, which is relevant here goes as under:
3. Punishments for offences of atrocities.-(1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe,-
(i) to (ix) xx xx xx
(x) intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view;
(xi) to (xv) xx xx xx shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years with fine."
Prime facie, it seems that abusive language is not uttered intentionally for insulting Parwati Bai because she belongs to the scheduled caste community but the same was uttered in a spur of moment during altercation between the parties on the issue of ploughing the agricultural land.
In this case, only offence punishable under Section 3(1)
(x) of the Scheduled Castes and Scheduled Tribes (Prevention 3 Mcrc.5668.2014 Ramesh Tiwari Vs. State of M.P. of Atrocities) Act, 1989 is non-bailable. Remaining offences are bailable.
Looking to the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the present applicant on the ground of parity as the co-accused Sonu Tiwari has already been enlarged on anticipatory bail. Hence, application is allowed and it is directed that in the event of arrest, the applicant- Ramesh Tiwari shall be enlarged on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer. The applicant shall make himself available for interrogation by a police officer as and when required and he will co-operate in the investigation. He shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.
Certified copy as per rules.
(B.D. Rathi) Judge Anil*