101 In the High Court of Punjab and Haryana, at Chandigarh Criminal Appeal No. S-1993 of 2026 Date of Decision: 27.07.2026 Aman ... Appellant(s) Versus State of Haryana and Another ... Respondent(s) CORAM: Hon'ble Mr. Justice Surya Partap Singh. Present: Mr. Kushager Goyal and Ms. Dimple Jain, Advocates for the appellant(s). Mr. Ramender Singh Chauhan, Assistant Advocate General, Haryana, for the respondent No.1. Mr. Mandeep Singh Lamba, Advocate for the respondent No.2. Surya Partap Singh, J. 1. The learned State Counsel has filed status report. The same be taken on record. 2. The appellant has filed the present appeal under Section 14-A of ‘the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989’, , hereinafter being referred to as the ‘SC/ST Act’. By virtue of instant appeal the order dated 27.05.2026, hereinafter being referred to as ‘impugned order’, passed by the Court of learned Special Judge, designated under SC/ST Act, has been challenged. Vide impugned order, the application for anticipatory bail, filed by the appellant has been dismissed, in a case MANOJ KUMAR 2026.07.29 13:34 I attest to the accuracy and authenticity of this document Criminal Appeal No. S-1993 of 2026 2 arising out of FIR No.879 dated 28.11.2025 under Sections 115, 117(2), 3(5), 351(3) and 238(c) of ‘the Bharatiya Nyaya Sanhita, 2023’ and Sections 3(i)(r), 3(i)(s), 3(2)(va) of SC/ST Act, 1989, Police Station Hisar Sadar @Sadar Hisar, District Hisar, Haryana. 3. Briefly stating the facts emerging from record are that the FIR of this case came into being at the instance of complainant ‘Ashok Kumar’, hereinafter being referred to as ‘complainant’ only, who alleged that on 27.11.2025 at about 04:00 pm, he along with ‘Baljeet’ had purchased liquor from a liquor vend and was going home. As per complainant, on the way four unknown persons, armed with iron rods, arrived in a Swift Dzire car and they assaulted him and inflicted injuries on his person. According to complainant, one of them was ‘Lalit’, who inflicted blows with an iron rod on right leg of the complainant. It was also stated by the complainant that the assailants had also made caste-based remarks against him and thereafter, fled from the spot. 4. Heard. 5. It has been submitted by learned counsel for the appellant that in compliance with order dated 03.07.2026, the appellant has already joined the investigation, and that nothing has been left to be recovered from the possession of appellant. In view of above, the learned counsel for the appellant has requested that the impugned order dated 27.05.2026, passed by the learned Special Judge, designated under the ‘SC/ST Act’, be set aside and the order dated 03.07.2026 passed by this court be made absolute. 6. The learned State counsel, has submitted that the appellant has joined investigation, and that for further investigation of this case his MANOJ KUMAR 2026.07.29 13:34 I attest to the accuracy and authenticity of this document Criminal Appeal No. S-1993 of 2026 3 custodial interrogation is not required. 7. The record has been perused carefully. 8. A perusal of record shows that while passing the interim order dated 03.07.2026 following observations were recorded:- “With regard to benefit of anticipatory bail, in a case pertaining to an offence under Section 3 of SC/ST Act, the Hon’ble Supreme Court of India in the case of ‘Deepak Kumar Tala V/s State of Andhra Pradesh & Ors.’, 2025(2) RCR (Criminal) 440, has observed that the anticipatory bail can be granted in a case, wherein essential ingredient of public view for caste-related insult was not prima facilely established. This Court while dealing with a similar situation in the case of ‘Vijay Sharma V/s State of Punjab’ CRM-M-27136-2022, has observed that anticipatory bail under Section 438 of CrPC can be granted where ex facie ingredient of the offence under SC/ST Act is not made. If the facts and circumstances of the present case are analyzed in the light of above-mentioned principles of law, it transpires that in the present case, there exists a reasonable doubt as to whether the caste slur was in public view or not, and secondly, as to whether the word abusive in the name of caste of complainant were uttered by the petitioner or somebody else. Qua both the abovementioned components, the FIR is vague. Thus, it is hereby observed that, in view of factual matrix of the present case, the bar of Section 18 of SC/ST Act is not attracted in the present case. In addition to above, following are the relevant factors which are required to be taken into consideration for a decision:- i. that nothing has to be recovered from the possession of appellant; MANOJ KUMAR 2026.07.29 13:34 I attest to the accuracy and authenticity of this document Criminal Appeal No. S-1993 of 2026 4 ii. that the investigation and trial are not likely to be concluded in near future; iii. that custodial interrogation of the appellant is not likely to produce a fruitful result; iv. that the detention of appellant in judicial lock-up is not likely to serve any purpose; v. that there is nothing on record to show that while on interim anticipatory bail, the appellant is likely to tamper with the evidence or influence the witnesses; and vi. that there is nothing on record to show that while on interim anticipatory bail, the appellant will not participate/cooperate in the investigation.” 9. Keeping in view the aforesaid facts and circumstances, along with legal position, and the fact that the appellant has already joined the investigation, it is hereby ordered that the appellant is entitled to anticipatory bail. Hence, the present appeal is hereby allowed; the impugned order dated 27.05.2026, passed by the learned Special Judge, designated under the ‘SC/ST Act’, is hereby set aside and the order dated 03.07.2026, passed by this court, whereby the appellant was accorded the benefit of interim anticipatory bail, is hereby made absolute. (Surya Partap Singh) Judge July 27, 2026 “DK”/Manoj Bhutani Whether speaking/reasoned :Yes/No Whether reportable : Yes/No MANOJ KUMAR 2026.07.29 13:34 I attest to the accuracy and authenticity of this document