- (1.) Heard learned counsel for the parties. Petitioner apprehending his arrest in connection with Protest-cum-Complaint Case No. 704 of 2011 relating to Sadar SC/ST PS case No. 21 of 2010 for offences registered under sections 504/506 of the Indian Penal Code and section 3(1)(x) of the Scheduled Castes & Scheduled Tribes ( Prevention of Atrocities) Act, 1989, has filed this application praying for anticipatory bail .
(2.) Prosecution case, in brief, is that the complainant happens to be a Junior Engineer in the PHED Department and posted at Sonahatu. It is alleged that the petitioner who happens to be the Executive Engineer in the department concerned had been humiliating the informant considering him to be a member of Scheduled Tribe. He was abused in presence of public and witnesses openly in the office as well as in chamber and he was abused in the name of his caste. He was also compelled to sign letter no. Zero dated 19.5.2010.
(3.) It is submitted that no case under the provisions of the Scheduled Castes & Scheduled Tribes ( Prevention of Atrocities) Act, 1989 (hereinafter referred to as the SC/ST Act) is made out and the ingredients of offences under section 3(1)(x) of the SC/ST Act is lacking. As a matter of fact, the informant wasnegligent in his duty and he had been accommodating contractors for getting the bills passed, but the objection raised and action taken by the petitioner caused annoyance to the informant and he has lodged this case with false allegations in order to harass the petitioner. The Police after due investigation submitted final form which was accepted on 25.4.2011. On the basis of Protest-cumComplaint filed by the informant, Complaint Case No. 704 of 2011 was registered and the court proceeded for enquiry. After holding enquiry on 28.8.2012, an order was passed by the learned Judicial Magistrate directing the petitioner to face trial for offences punishable under sections 504/506 IPC and sections 3(1)(x) of the SC/ST Act. Since the petitioner has been apprehending his remand in the present case, he has filed the present application for grant of bail under section 438 of the Code of Criminal Procedure. It is contended that the person in whose presence the complainant alleged that he was abused has not been examined during enquiry. It is admitted in the complaint that the reason behind institution of this case is nothing, but action taken by the petitioner in his official capacity against the complainant.;