(1.) The short question requires to be adjudicated in the present bail application is whether the applicants, who have been made accused of an offence punishable under the provision of Section 3 (1)(x) [amended as 3 (1)(r)] of the Act, 1989, are entitled for anticipatory bail, in view of the bar engrafted under Section 18 of the Act, 1989?
(2.) The applicants have preferred this bail application under Section 438 of the Cr.P.C. apprehending arrest in connection with Crime No. 78 of 2014, registered in Police Station Balrampur, District Balrampur, Chhattisgasrh of offence punishable under Sections 294, 506, 323, 341, 342 read with Section 34 of the IPC and Section 3(1 )(x) [amended as 3(1 )(r)] of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, "the Act 1989") for releasing them on anticipatory bail.
(3.) The case of the prosecution, in brief, is that the dispute between complainant Anuj Tirki and the applicants Umesh Prasad @ Nandev, Kamesh Prasad, Roshan Gupta and Omprakash Gupta @ Mintu arose on account of the fact that the livestock (goats) of the applicants grazed out the standing crop of the complainant and on being persuaded by the complainant to the applicants, on 03-06-2014, the applicants abused the complainant and threatened him to kill. Thereafter, applicant No.1 Umesh Prasad @ Nandev along with applicant No.3 Roshan Gupta took him to his house and also committed "Marpeet" with him along with other applicants and insulted him intentionally with intent to humiliate him within public view. Being aggrieved by the act of the accused/applicants, the complainant lodged a complaint in Police Station Balrampur, District Balrampur, on the basis of which a case was registered against the applicants under Sections 294, 506, 323, 341, 342 read with Section 34 of the IPC and later on the offence under Section 3 (1)(x), which, after amendment, stands as 3(1)(r) of the Act, 1989.