CRA-S-1125-202 203 Kabal Singh State of Haryana CORAM: Present: FIR No. Date 184 02.1 Aggrieve appellant has c Scheduled Caste seeking anticipa 2. The appel Kurukshetra whi 3. In Prathvi three-judge ben [10]. shall comp prov shall 4. As per par 2025 IN THE HIGH COURT OF PUNJAB AT CHANDIGARH Versus yana and another HON'BLE MR. JUSTICE ANOOP CHITKA Mr. Ashit Malik, Advocate, for the appellant. Ms. Trishanjali, D.A.G., Haryana. Ms. Gurneet Kaur, Advocate, for respondent No.2. **** ated Police Station Section 2.11.2024 Ismailabad, District Kurukshetra 191(3), 351(2) BNS ad deleted Act. ieved by the dismissal of his bail under se as come up before this court by filing aste & Scheduled Tribes (Prevention o cipatory bail. ppellant had filed a bail application bef which was dismissed on 28.03.2025. thvi Raj v. Union of India, 2020:INSC:15 bench of Supreme Court read down S. 18 10]. Concerning the applicability of prov hall not apply to the cases under Ac omplaint does not make out a prima faci rovisions of the Act of 1989, the bar crea hall not apply. paragraph 20 of the grounds of appeal, t JAB AND HARYANA ARH CRA-S-1125-2025 Date of Decision: 16.07.2025 ... Appellant …Respondents ITKARA ctions 1(3), 190, 115, 117(2), 324(4), 333, 1(2) of BNS (Sections 238, 3(5) of S added and Sections 190 and 191(3) leted later on) and Section 3 of SC/ST section 482 BNSS, 2023, the accused- iling an appeal under section 14-A of n of Atrocities) Act, 1989, (SCSTPOA), before the Additional Sessions Judge, C:157 [Para 10], AIR 2020 SC 1036, a S. 18 by declaring as follows, rovisions of section 438 Cr.PC, it r Act of 1989. However, if the facie case for applicability of the created by section 18 and 18A (i) al, the appellant has clean antecedents 1 - of A), ge, , a nts Jyoti 2025.07.23 09:45 I attest to the accuracy and integrity of this document CRA-S-1125-202 however, as per criminal anteced FIR No. Date 210 --- 5. The facts filed by the State “On 01.11 Pankaj Ku In the me motorcyc and then then left (the prese Gir again complaina Devi and left the s Singh and danda an member o arm of th beatings t kill in futu 6. The alleg scheduled caste Scheduled Tribes 7. Counsel fo order dated 09.0 State’s counsel w in future, witho affidavits cannot trial of the appe any person belo the present offe conditions and to the petitioner 2025 per para 11 of status report dated 22.0 ecedents:- ated Police Station Section Ismailabad, District Kurukshetra 148, 1 25/54/ facts of the case are being taken from t State, which reads as follows: 01.11.2024 at about 09:00 pm his brothe aj Kumar were standing outside his hous e meantime, Mangal Singh @ Manga a rcycles and Started abusing his brother S then they caused injuries to Satish Kumar left the spot while threat to kill them. A present petitioner) and Mangal Singh @ gain came in a Santro Car and enter lainant, and caused injuries to Satish Ku and Manga caused injuries on the head the spot while threat to kill. After some and Sukha Singh came on a motorcycle h a and entered into house of the complain ber of the complainant. Manjit Singh hit of the father of the complainant and the ings them with kicks and fists blows. They future and abused on caste lines.” allegations are of beating and threate astes by using the derogatory words proh ribes (Prevention of Atrocities) Act, 1989 el for the appellant submits that the ap 09.07.2025 and the same is handed over sel wherein undertaking has been given ithout conceding or admitting guilt. It is nnot be taken as an admission of the cri ppellant. Counsel submits that the app belonging to SC/ST in the interrogatory offence. The appellant’s counsel prays nd contends that pre-trial incarceration w oner and his family. 2.04.2025, the appellant has following ctions 8, 149, 307, 506 and 447 IPC and /54/49 Arms Act m the status report dated 22.04.2025 other Satish Kumar @ Rodu and house and talking to each other ga and Sandeep came there on her Satish Kumar on caste lines umar and Pankaj with the bricks m. After some time Kabil Singh h @ Manga along with Aakash entered into the house of the h Kumar and his mother Gyano head of Pankaj Kumar and they ome time Kabil Singh, Manjeet ycle having gandasi, sword, and plainant and gave to the family h hit blow of sword at the right then all the assailants started They left the spot while threat to eatening the people belonging to the prohibited under the Scheduled Caste & 989 (SCSTPOA). e appellant is filing affidavit in view of over to the Investigating Officer through en not to repeat similar type of offence It is clarified that the contents of the e crime by the appellant in ensuing the appellant would never misbehave with ory manner without considering about ays for bail by imposing any stringent ion would cause an irreversible injustice 2 ing 25 he & of gh ce he he ith ut nt ice Jyoti 2025.07.23 09:45 I attest to the accuracy and integrity of this document CRA-S-1125-202 8. State as w the status report REASONING: 9. Given the affidavit of the a justifiability for perusal of parag 10. Without circumstances the Appellant 14. Given ab the Appellant-A furnishing bonds Court, then the Magistrate/duty must be satisfie accused. 15. While fu following person 1. AADH 2. Passp office accus 3. Mob 4. E-Ma 16. This orde terms. The Appe before the conce the evidence, in indirectly, any w and circumstanc 2025 s well as counsel for the complainant str port. the nature of injury attributed to the ap he appellant that he will not repeat the o for custodial or pre-trial incarceration aragraphs 5 & 6 of the grounds of appeal hout commenting on the case's nces peculiar to this case, and for t lant-Accused makes a case for bail. n above, provided the Appellant-Accused Accused shall be released on bail in t onds to the satisfaction of the Arresting O the concerned Court and due to unav duty Magistrate. Before accepting the s tisfied that if the accused fails to app e furnishing a personal bond, the App rsonal identification details: ADHAR number assport number, (If available), when the fficer/court thinks appropriate or con ccused as a flight risk. obile number (If available) Mail id (If available) order is subject to the Appellant-Accus Appellant-Accused shall abide by all stat oncerned Court(s) on all dates. The Appe e, influence, browbeat, pressurize, induc ny witnesses, Police officials, or any othe tances of the case or dissuade them from t strongly oppose the bail and refers to e appellant and undertaking by way of he offence in future, there would be no tion at this stage. Even a primafacie eal needs consideration for bail. ase's merits, in the facts and for the reasons mentioned above, ail. used is not required in any other case, in the FIR captioned above subject to ing Officer, and if the matter is before a unavailability before any nearest Ilaqa e surety, the concerned Officer/Court appear, such surety can produce the Appellant-Accused shall mention the the attesting considers the ccused’s complying with the following statutory bond conditions and appear ppellant-Accused shall not tamper with duce, threaten, or promise, directly or other person acquainted with the facts from disclosing such facts to the Police 3 to of no cie nd ve, se, to e a qa urt he he ing ear ith or cts ice Jyoti 2025.07.23 09:45 I attest to the accuracy and integrity of this document CRA-S-1125-202 or the Court. 17. The Appe uploading this or and as and when custody for Sect Appellant-Accus Officer or any S stages as requir seeking cancella not be subjected 18. Given th case, the Appell the victim until recorded. This C incapacitate, inf Vikram Singh v Bhatt v. The Stat 19. This orde investigating age 20. In case the another section maximum sente bail order shall However, suppo maximum sente Investigator/Offi days providing a 21. It is clari and/or the victi which shall be c Appellant-Accus empowered to d 22. This bail 2025 Appellant-Accused is directed to join the his order on the official webpage of the H when called by the Investigator. The App Section 27 of the Indian Evidence Act, 1 ccused shall join the investigation as an ny Superior Officer and shall cooperate w quired. In the event of failure to do so cellation of the bail. During the investig cted to third-degree, indecent language, n the nature of the allegations and the o pellant-Accused shall not enter the pro ntil the statements of all non-official and is Court is imposing this condition to rule , influence, or cause any discomfort to h v Central Bureau of Investigation, 20 State of Madhya Pradesh, 2021:INSC:192 order does not, in any manner, limit or re agency from further investigation as per the Investigator/Officer-In-Charge of th tion of any penal offence in this FIR, entence which is not greater than the se hall be deemed to have also been pass ppose the newly inserted sections pr entence prescribed in the sections menti /Officer-In-Charge shall give the appella ng an opportunity to avail the remedies a clarified that if the Appellant-Accused vi victim may file an application for bail c be competent to cancel the bail or add m ccused move for deletion or dilution of a to do so. bail is conditional, and the foundational the investigation within seven days of the High Court of Punjab and Haryana Appellant-Accused shall be in deemed ct, 1872/ Section 23 of BSA, 2023. The s and when called by the Investigating ate with the investigation at all further o so, the prosecution will be open to estigation, the Appellant-Accused shall age, inhuman treatment, etc. he other circumstances peculiar to this property, workplace, and residence of l and informal witnesses in the trial are rule out any attempt by the accused to t to the victim. Reference be made to , 2018 All SCR (Crl.) 458); and Aparna :192, 2021 SCC Online SC 230. or restrict the rights of the Police or the per law. f the concerned Police Station arraigns IR, and if the new section prescribes e sections mentioned above, then this passed for the newly added section(s). s prescribe a sentence exceeding the entioned above, then, in that case, the ellant notices of a minimum of seven ies available in law. d violates any bail condition, the State ail cancellation before the trial court, d more conditions. Furthermore, if the of any bail conditions, the trial court is ional condition is that if the Appellans- 4 of na ed he ing er to all his of are to to na he ns es his (s). he he en ate rt, he t is - Jyoti 2025.07.23 09:45 I attest to the accuracy and integrity of this document CRA-S-1125-202 Accused indulge cancellation of th this bail. 23. Any obse merits of the cas 24. A certifie Advocate for the the official web wants to verify download and u Appeal allowed 16.07.2025 Jyoti-IV Whether speakin Whether reporta 2025 ulges in any non-bailable offense, the of this bail before the Sessions Court, w observation made hereinabove is neithe e case nor shall the trial Court advert to th rtified copy of this order would not be ne r the Appellant-Accused can download th eb page of this Court and attest it to be rify its authenticity, such an officer can a nd use the downloaded copy for attesting ed in aforesaid terms. All pending applic eaking/reasoned: Yes ortable: No. the State may file an application for t, which shall have the liberty to cancel either an expression of opinion on the to these comments. e needed for furnishing bonds, and any d this order along with case status from o be a true copy. If the attesting officer an also verify its authenticity and may sting bonds. pplications, if any, stand disposed. (ANOOP CHITKARA) JUDGE 5 for cel he ny om cer ay Jyoti 2025.07.23 09:45 I attest to the accuracy and integrity of this document