Criminal Procedure Code, 1973
Section 438—Anticipatory bail—Conspiracy of abduction and criminal intimidation—FIR registered under Sections 364, 511, 307, 343, 419, 506, 120B and 34 of IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the SC & ST (Prevention of Atrocities) Act—From a prima facie examination of the FIR, it is every clear that there is only one alleged instance of an insult/caste slur but there is no allegation that such offending statement was made in the presence of members of the general public—An essential ingredient for attracting Sections 3(1)(r) and 3(1)(s) of the SC & ST Act i.e. that such statement must be made within public view, is prima facie not made out from the FIR—Examination of FIR also shows that the allegations regarding the appellant’s involvement in the alleged conspiracy for third respondent’s abduction and criminal intimidation are only inferential in nature, which can be established during trial—Relationship between the parties, as evident from the FIR itself is that the appellant and the complainant were associated for a long time with the temple’s activities, for which a Trust was formed that named both of them as trustees—It was only in 2017 that certain disputes arose between them and multiple civil suits regarding the temple’s properties and funds were instituted by the appellant—Considering overall perspective and allegations in the FIR, it is prima facie concluded that the appellant is entitled to anticipatory bail—Application allowed.
[Paras 5 to 7]