Court reject bail in SC/ST Act
JKUT (Jammu), June-23-2021-( JNF):- In a first of its kind a case of SC & ST (POA) Act, Additional Sessions Judge Udhampur SC Katal rejected the pre-arrest bail applications of Trilok Gir, Pawan Kumar alias Chotu and Jaswant Chandail.
Accoridng to the police report that FIR No. 214./2021 under Sections 3/4 SC/ ST ( Prevention of Atrocity ) Act came to be registered against applicants. Thereafter, on the direction of the court the police submitted detailed report, averred therein, on 15.06.2021 a complaint was received on behalf of one Pusha Devi W/o late Bodh Raj R/ o Bharat Nagar Udhampur at Police Station Udhampur duly endorsed by SSP Udhampur vide letter No. Clt/Misc-245/2021/24840 dated 15.06.2021 the contents of the application/complaint are as under ;- A complaint against accused No.1 Shottu S/o Trilok Gir , Tarlok Gir and Jaswant Chandial all resident of W No.1 Bharagt Nager near gird station Udhampur. The complainant belongs to schedule caste community whereas accused persons belongs to Brahman and Rajput community and are living in the same lane adjoin to the house of each other .The house of the accused/ applicants is on the upper side and house of the complainant is on the lower side. The accused / applicants are showing hatred towards the complainant and family of the complainant due to their separate caste. The accused are intentionally opening outlet of waste water of their house in the open street due to which whole of the street get full of dirty water and the dirty water goes into the house of the complainant in the compound and rooms, it causes damage to house and household things due to which the complainant and her family members fell ill. The complainant remove that water by calling helper and then clean their house. The complainant request the applicants / accused to channelize their waste water and not to open the same in the street as it is coming into the house of the complainant. Upon this applicants/ accused started abusing the complainant in full public view to humiliate and harass her and abused her with her caste as “chamar” and said ” Teri Chamari ke himat kaise hue hmare sath baat krne Ke, vaise be ap logo ka kaam hai hmari brahmano ke gandgi saaf krna” and futher abused the applicant in very vulgar and dirty language & threatened to kill the complainant and family of the complainant. A few number of the locality came between and save the complainant. Accused/ applicants are intentionally opening dirty and waste water towards the house complainant & in this regard FIR No. 214/2021 under Section 3/4 SC/ ST Act came to be registered in the police station . In the course of investigation police has prepared site plan and recorded statement of the witnesses under sections 161 of the Cr.P.C . The investigation of the case is at its initial stage .
Additional Sessions Judge Udhampur SC Katal after hearing both the sides observed that allegation made in the compliant & the police report attracts the above mentioned sub sections of section 3 of SC & ST (POA) Act and those are sufficient to register the FIR under Special Act. The case stand already registered & there is scope for further investigation into the matter pertaining to Atrocity suffered by the complainant. The arguments of the counsel for applicants/ accused that they/applicants have been wrongly implicated due to civil nature of dispute or plea of alibi are subject matter of further investigation. At this stage of investigation of the case, it will be premature to reach at the conclusion that no pima facie case is made out under the provisions of SC/ST (POA) Act. Thus, in view of the bar under Section 18 and section 18 A of the amendment Act of 2018 . With these observations Court rejected the pre-arrest bail application. JNF