DEEPAK MAHESHWARI,J. - (1.) This appeal has been preferred by the accused-appellant Foosa Ram challenging the order dated 26th March, 2015 passed by the learned Special Judge, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act Cases, Bikaner in Criminal Misc. Case No. 44/2015 whereby, the application filed by the accused-petitioner under Section 438 Cr.P.C. was rejected.
(2.) Heard learned counsel for the accused-appellant as also learned Public Prosecutor.
(3.) Learned counsel for the appellant submits that only the allegation against the appellant is regarding false identification of the executants of the agreement to sale which was executed between Balla Ram and Jagseer. Learned counsel has further submitted that there is no allegation against the appellant relating to the offence punishable under the Prevention of Atrocities to SC/ST Act. Learned lower Court has rejected the application filed under Section 438 Cr.P.C. mainly on the ground that in view of Section 18 of the said Act, the anticipatory bail application is not maintainable but as per the prosecution story, no role has been assigned against the appellant to insult the complainant on account of they being member of Scheduled Castes/Tribes. Learned Public Prosecutor has opposed the prayer saying that one more case is still pending against the present appellant which was also a ground for rejection of his anticipatory bail application but the learned Public Prosecutor has also agreed to the fact that the allegation regarding the offence punishable under the provisions of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 are related to the accused Balla Ram, Jagseer and Dal Singh only.;