2025:UHC:5219 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1 No.308 of 2023 with BA1 No.337 of 2023 Hon’ble Alok Mahra, J. Mrs. Pushpa Joshi and Mr. Rajendra Dobhal, Senior Advocate, assisted by Ms. Chetna Latwal and Mr. Shubhang Dobhal, Advocates for the applicants. Mr. Deepak Bisht, Deputy Advocate General for the State of Uttarakhand. Mrs. Gyan Mati Kushwaha, Advocate, holding brief of Mr. Vikas Anand, Advocate for respondent no.2. 2. These first bail applications have been moved by the applicants, seeking regular bail in Case Crime/F.I.R. No.40 of 2023, under Section 427, 447, 504, 506, 120-B of I.P.C. and Section 3(1)(g), 3(1)(dha) of S.C./S.T. Act, registered at Police Station Kankhal, District Haridwar. 3. According to the F.I.R., there is a dispute between the parties regarding a piece of land in Khasra No.305, situate at Devpura, Mustagam, Jagjeetpur. The complainant has alleged that he is possession of the said piece of land since 2006; that applicants were trying to illegally occupy the said piece of land; that he got the land demarcated from the concerned Revenue Inspector (Patwari), but despite this fact, on 29.01.2023, when complainant went to the spot, then the applicants got removed the construction of the complainant by the J.C.B. and, when he resisted, the applicants hurled caste specific abuses to him and threatened him of dire consequences. 4. It is contended by learned Senior Counsel for the applicants that applicants 2025:UHC:5219 have falsely been implicated in the instant crime and are languishing in jail since long. Learned Senior Counsel for the applicants submits that there is no independent witness of the alleged incident; that the dispute is of civil nature and just to pressurize the applicants, F.I.R. has been lodged against them; that in case, the applicants are granted bail, they will not misuse the same and will furnish the bail surety as per the satisfaction of this Court. 5. Learned State Counsel vehemently opposed the bail application and submits that on the basis of oral as well as documentary evidence, the Investigating Officer found cogent and credible evidence against the applicants, therefore, they are not entitled to bail. 6. A Co-ordinate Bench of this Court vide order dated 28.02.2023 had granted interim bail to the applicant. A bare perusal of the F.I.R. would reveal that dispute is regarding a piece of land. Since the dispute is regarding possession of land and any dispute arising on account of possession of the property would not disclose an offence under the Act unless the victim is abused, intimidated or harassed only for the reason that he/she belongs to Scheduled Caste or Scheduled Tribe. 7. Hon’ble Supreme Court in the case of “Hitesh Verma Vs. State of Uttarakhand & another”, reported in (2020) 10 SCC 710, has held that offence under the Act is not established merely on the fact that the informant is a member of Scheduled Caste unless there is an intention to humiliate a member of Scheduled Caste or Scheduled Tribe for the reason that the victim belongs to such caste. The parties are litigating over possession of the land. The allegation of hurling of abuses is against a person who claims title over the property. 2025:UHC:5219 8. Considering the submission of learned counsel for the parties and without expressing any opinion as to the final merits of the case, this Court is of the view that applicants deserve bail at this stage. 9. The bail applications are allowed. 10. Let the applicants, namely, Apurav Walia and Updesh Chaudhary be released on bail, on executing personal bond by each one of them and furnishing two reliable sureties by each one of them, each of like amount, to the satisfaction of Court concerned. (Alok Mahra, J.) 20.06.2025 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c048536544 5e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C 5109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2025.06.23 09:52:56 +05'30'