Narendra Kumar Jain, J. - (1.) Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material/record of the case made available to me during arguments of the case.
(2.) This bail application on behalf of five persons has been filed under Section 438 Cr.PC. in FIR No. 4/2005 which has been registered under Sections 323, 341, 143, 504, 427 IPC and under Section 3 of the SC/ST (Prevention of Attrocities) Act. The learned counsel for the petitioner submits that all the offences relating to IC are bailable offences. The allegation in the FIR is in respect of demolition of so called four shops belonging to the complainant party. However, for the same, the offence under Section 427 IPC has been added which is bailable offence. The only non-bailable offence is Section 3 of the SC/ST (Prevention of Attrocities) Act. The learned counsel has read the First Information Report wherein it has been alleged that accused party abused the complainant by using unwanted castism words but what were the exact words which may fall within ambit of Section 3 has not been mentioned or described in the First Information Report. The case diary was also summoned. The statement of the complainant has also been read in presence of learned counsel for the complainant. Prima facie, after reading the FIR as well as statement recorded under Section 161 Cr.P.C. I am satisfied that this is a fit case for issuance of direction under Section 438 Cr.PC.
(3.) It is also relevant to mention that a Civil as well as the revenue litigation is going on in between both the parties and due to it, this report is alleged to have been lodged.;