1 ( 2025:HHC:39608 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP(M) No.2739 of 2025 Date of Decision:-19.11.2025 Vikrant Rana @ Deepu …Applicant Versus State of H.P. …..Respondent Coram: The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the Applicant : Mr. Mohit Jaitak, Advocate, (joined through video conferencing). For the Respondent : Mr. Tejasvi Sharma Additional Advocate General, with Ms. Ranjna Patial, Deputy Advocate General. Virender Singh, Judge (Oral) Applicant Vikrant Rana @ Deepu has filed the present application, under (Section 483 Sic) Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for releasing him on bail, in the event of his arrest, arising out of FIR No.79 of 2025, dated 27.10.2025, registered under Sections 126(2), 115(2) 118(2) 352, 353, 3(5) of Bharatiya Nyaya Sanhita (hereinafter referred to as ‘BNS’) and Sections 3(1)(r), 3(1)(s) of Scheduled Castes and Scheduled Tribes (Prevention of 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 ( 2025:HHC:39608 ) Atrocities) Act, 1986, (hereinafter referred as SC&ST Act), with Police Station, Bangana, District Una, H.P. 2. According to the applicant, he is innocent person and has falsely been implicated, in the present case, at the instance of the complainant. 3. According to the applicant, he had earlier tried his luck by moving similar bail application, bearing Cr.MP(M) No.2688 of 2025, before this Court, which was withdrawn, vide order dated 13.11.2025. Thereafter, the applicant had approached, before the Court of learned Special Judge-II, Una, District Una, H.P., however, the same was dismissed, vide order dated 17.11.2025. Now, the applicant is before this Court, seeking the relief, under Section 482 of BNSS. 4. According to the applicant, he is apprehending his arrest in the present case, whereas, he has no concern whatsoever, with the crime in question. 5. On all these facts, Mr. Mohit Jaitak, Advocate, has given certain undertakings, on behalf of the applicant, for which, he is ready to abide by, in case, any directions given to the police under Section 482 of BNSS. 3 ( 2025:HHC:39608 ) 6. Lastly, it has been pleaded that the police could not collect any evidence involving the applicant in the crime in question. According to him, there is no prima-facie material against the applicant. 7. On the basis of the above facts, a prayer has been made to allow the application, by granting the relief, as claimed in the bail application. 8. When, put to notice, the police has filed the status report, disclosing therein, that on 27.10.2025, Medical Officer, Civil Hospital, Bangana has telephonically informed the police qua the fact that one person, who sustained injuries in the alleged quarrel, has been brought to hospital for treatment, upon which, HC Deepak Kumar, along with the other police officials reached at Civil Hospital, Bangana, where, Ajay Kumar and his brother Ankush were found admitted for treatment. The MLCs of both the said persons were obtained. The Medical Officer has deferred his final opinion qua the MLC of Ajay Kumar, after the receipt of the opinion from the Orthopedic Surgeon & ENT, whereas, similarly, the opinion with regard to MLC of Ankush Kumar 4 ( 2025:HHC:39608 ) has also been deferred to be given after orthopedic surgery examination, in Civil Hospital, Bangana. 8.1. Complainant-Ajay Kumar son of Nika Ram has moved a complaint, disclosing therein, that he is the resident of village Kehalvi, Post Office Tanoh, Tehsil Bangana, District Una, H.P. He along with his brother Ankush Kumar, on 27.10.2025, were on the way to Hospital from market at about 2:30 PM, when, he reached near Sanjivni Hospital, then, they noticed grey coloured vehicle, being driven by its driver, reached there. The person sitting on the wheel side, stopped them in the way and abused his brother and when, he objected, as to why, he is abusing him, then, car driver disclosed that you have been saved yesterday night, now they will not spare them. Thereafter, he has taken out hockey stick and started beating the complainant and his brother, with hockey stick and uttered “ तुम चमारो को रात को छो या आज नहीं छो ेगे" then, the complainant and his brother were in the process to leave the said place, meanwhile, a black coloured vehicle make Alto Car came there, out of which, two sikh gentlemen came out and they had inflicted blow with the help of Kadaa (Sic 5 ( 2025:HHC:39608 ) sacred bangle). The registration of the grey coloured vehicle was found to be HP78A-4113, however, they could not read the registration number of the Alto Car. After beating them, the assailants have fled away from the spot. Thereafter, the complainant and his brother were taken to Civil Hospital, for treatment. 8.2. According to him, the driver of the vehicle No.HP78A-4113 is Deepu and prayed that action be taken against them, upon which, the police registered the case under Sections 126(2), 115(2), 352, 3(5) of BNS and Sections 3(1)(r), 3(1)(s) of SC&ST Act and criminal machinery swung into motion. 8.3. The investigation, thereafter, was entrusted to Additional Superintendent of Police, Una. The spot was visited and spot map was prepared. Photography and videography were done on the spot. Statements of the witnesses, under Section 180 of BNSS, were got recorded. The Caste certificate of complainant-Ajay Kumar and his brother Ankush Kumar, were obtained. The accused Prabhjot Singh, Ravi Sharma and Ashwajot Singh, were associated in the investigation. 6 ( 2025:HHC:39608 ) 8.4. Accused Prabhjot Singh has produced the vehicle along with the Kadaa, which were taken into possession on 15.11.2025. 8.5. Vikrant Rana (applicant) has approached the Court of learned Special Judge-II, Una, District Una, H.P., for bail, under Section 482 of BNSS, however, his application has been dismissed on 17.11.2025. Vikrant Rana (applicant) has not joined the investigation and according to the police, the vehicle involved, in the crime, as well as, the hockey stick are yet to be recovered. 9. On the basis of the above facts, a prayer has been made to dismiss the application. 10. Admittedly, the present case has been registered under Sections 126(2), 115(2) 352, 3(5) of BNS and Sections 3(1)(r), 3(1)(s) of SC & ST Act. The provisions of Sections 3(1) (r) and 3(1)(s) are reproduced, as under:- “3. Punishment for offences atrocities (1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribes- xxx xxx xxx (r) intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view; 7 ( 2025:HHC:39608 ) (s) abuses any member of a Scheduled Caste or a Scheduled Tribe by caste name in any place within public view;” 11. Once, the provisions of SC&ST Act are involved, in the case, then, the next question, which arises for determination, before this Court, is about the fact, as to whether, the bar, as created, by the Section 18 of the SC&ST Act, is sufficient to disentitle the applicant from the relief, for which, he has filed the present application. 12. According to the learned counsel appearing for the applicant, on the bare reading of the FIR, no case under Sections 3(1)(r) and 3(1)(s) of SC&ST Act, is made out. According to him, when, the case is not made out, under the provisions of SC&ST Act, then, the bar, as created by the legislature in its wisdom, by enacting Section 18, would not apply, in the present case. 13. In order to buttress his contentions, the learned counsel appearing for the applicant has relied upon the decision of Hon’ble Supreme Court, titled as Shajan Skaria versus State of Kerala and another, reported in 2024 SCC OnLine SC 2249. 8 ( 2025:HHC:39608 ) 14. Hon’ble Supreme Court in the above case has elaborately discussed, the provisions of Section 18 and held that if, no prima-facie case is made out, under Section 3(1) (r), of the SC&ST Act, then, the bar, as created by Section 18 would not come into play. In this regard, it is apt to reproduced, paragraphs 61 to 63 of the judgment, are reproduced, as under:- “61. The words “with intent to humiliate” as they appear in the text of Section 3(1)(r) of the Act, 1989 are inextricably linked to the caste identity of the person who is subjected to intentional insult or intimidation. Not every intentional insult or intimidation of a member of a SC/ST community will result into a feeling of caste-based humiliation. It is only in those cases where the intentional insult or intimidation takes place either due to the prevailing practice of untouchability or to reinforce the historically entrenched ideas like the superiority of the “upper castes” over the “lower castes/untouchables”, the notions of ‘purity’ and ‘pollution’, etc. that it could be said to be an insult or intimidation of the type envisaged by the Act, 1989. 62. We would like to refer to the observations of this Court in Ram Krishna Balothia (supra) to further elaborate upon the idea of “humiliation” as it has been used under the Act, 1989. It was observed in the said case that the offences enumerated under the Act, 1989 belong to a 9 ( 2025:HHC:39608 ) separate category as they arise from the practice of ‘untouchability’ and thus the Parliament was competent to enact special laws treating such offences and offenders as belonging to a separate category. Referring to the Statements of Objects and Purposes of the Act, 1989 it was observed by this Court that the object behind the introduction of the Act, 1989 was to afford statutory protection to the Scheduled Castes and the Scheduled Tribes, who were terrorised and subjected to humiliation and indignations upon assertion of their civil rights and resistance to the practice of untouchability. For this reason, mere fact that the person subjected to insult or intimidation belongs to a Scheduled Caste or Scheduled Tribe would not attract the offence under Section 3(1)(r) unless it was the intention of the accused to subject the concerned person to caste-based humiliation. 63. V. Geetha in her paper titled Bereft of Being: The Humiliations of Untouchability describes humiliation as an experience that is “felt, held and savoured in the very gut of our existence.” Humiliation, in her understanding, can either be suffered as a one-time occurrence which bruises the self-esteem or pride of an individual, or it can be “suffered as a condition that is degrading and wounding.” In the words of Gopal Guru, humiliation is not so much a physical injury but is in the nature of a psychological injury that leaves a permanent scar on the heart.” 15. With due respect to the law laid down by Hon'ble Supreme Court, in the above titled case, the same is not 10 ( 2025:HHC:39608 ) applicable to the facts and circumstances of the present case, as, in the present case, complainant has specifically got recorded the Caste based assertion made by the accused, which has been reproduced as above. 16. Situation would have been otherwise, had the case been registered only under Section 3(1)(r) of SC&ST Act, by the police, the facts that the provisions of Section 3(1)(s) have been added, in the present case and as per the contents of the FIR, the specific words have been spoken by the applicant, at this stage, are sufficient to hold that provisions of Sections 3(1)(s) are prima-facie attracted, in the present case. 17. In view of the above, this Court is of the view that the bar, as created, by Section 18 of SC&ST Act, is fully applicable, in the present case. Consequently, there is no occasion for this this Court to pass any direction, under Section 482 of BNSS. As such, the application is held to be not maintainable and the same is dismissed, as such. (Virender Singh) Judge November 19, 2025 (subhash)