CRA-S-3433-2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 203 CRA-S-3433-2024 Date of Decision: 13.01.2025 Jazbaat Naagar ...Appellant Versus State of Haryana and another …Respondents CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Ms. Suman Sagar, Advocate for the appellant. Ms. Harpreet Kaur, A.A.G., Haryana. Mr. Pardeep Duhan, Advocate for respondent No. 2. **** ANOOP CHITKARA, J. FIR No. Dated Police Sta-on Sec-ons 642 21.08.2023 Azad Nagar, Hisar 323, 452, 506/34 IPC and 3(1) (r) & 3(2) (va) of The Scheduled Castes and Scheduled Tribes (Preven7on of Atroci7es) Act, 1989 1. Challenging the order of grant of bail by the Sessions Court in above cap7oned FIR, the complainant has come up before this Court. 2. Counsel for the appellant submits that that an7cipatory bail granted to respondent No.2 is barred under the Scheduled Castes and Scheduled Tribes (Preven7on of Atroci7es) Act, 1989. He further submits that weapons were involved and it is not a case for bail. 3. However, counsel for respondent No. 2 submits that bail can be granted in excep7onal circumstances and there is no absolute bar. He further submits that respondent No. 2 did not misuse the liberty of bail during the pendency of the present appeal and he has no objec7on, in case, any further condi7ons are imposed upon him. 4. Given above, the present appeal stands disposed of by modifying the bail order dated 09.10.2024 passed by learned Addi7onal Sessions Judge, Hisar with the following extra condi7ons: 1 JYOTI 2025.01.16 09:39 I attest to the accuracy and integrity of this order/judgment. CRA-S-3433-2024 (I) Given the nature of the allega7ons and the other circumstances peculiar to this case, respondent No. 2 shall not enter the property, workplace, and residence of the vic7m un7l the statements of all non- official and informal witnesses in the trial are recorded. This Court is imposing this condi7on to rule out any a@empt by the accused to incapacitate, influence, or cause any discomfort to the vic7m. Reference be made to Vikram Singh v Central Bureau of Inves7ga7on, 2018 All SCR (Crl.) 458); and Aparna Bha@ v. The State of Madhya Pradesh, 2021:INSC:192, 2021 SCC Online SC 230. (ii) Given the background of allega7ons against respondent No. 2, it becomes paramount to protect the vic7m, and their family members, as well as the members of society, and incapacita7ng the accused would be one of the primary op7ons un7l the filing of the closure report or discharge, or acqui@al. Consequently, it would be appropriate to restrict the possession of firearm(s). [This restric7on is being imposed based on the preponderance of evidence of probability and not of evidence of certainty, i.e., beyond reasonable doubt; and as such, it is not to be construed as an intermediate sanc7on]. Given the nature of the allega7ons and the other circumstances peculiar to this case, respondent No. 2 shall surrender all weapons, firearms, and ammuni7on, if any, along with the arms license to the concerned authority within fiIeen days from release from prison and inform the Inves7gator about the compliance. However, subject to the Indian Arms Act, 1959, respondent No. 2 shall be en7tled to renew and take it back in case of acqui@al in this case, provided otherwise permissible in the concerned rules. Restric7ng firearms would ins7ll confidence in the vic7m(s), their families, and society; it would also restrain the accused from influencing the witnesses and repea7ng the offense. (iii) The condi7ons men7oned above imposed by this court are to endeavor to reform and ensure the accused/respondent No. 2 does not repeat the offense. In Mohammed Zubair v. State of NCT of Delhi, 2022:INSC:735 [Para 28], Writ Pe77on (Criminal) No 279 of 2022, Para 29, decided on July 20, 2022, A Three-Judge bench of Hon’ble Supreme Court holds that “The bail condi7ons imposed by the Court must not only have a nexus to the purpose that they seek to serve but must also be propor7onal to the purpose of imposing them. The courts, while imposing 2 JYOTI 2025.01.16 09:39 I attest to the accuracy and integrity of this order/judgment. CRA-S-3433-2024 bail condi7ons must balance the liberty of the accused and the necessity of a fair trial. While doing so, condi7ons that would result in the depriva7on of rights and liber7es must be eschewed.” 5. It is clarified that in case, respondent No. 2 repeats the offence then pe77oner is at liberty to file an applica7on for cancella7on of bail. 6. A cer7fied copy of this order would not be needed for furnishing bonds, and any Advocate for the appellant can download this order along with case status from the official web page of this Court and a@est it to be a true copy. If the a@es7ng officer wants to verify its authen7city, such an officer can also verify its authen7city and may download and use the downloaded copy for a@es7ng bonds. Appeal stands disposed of in terms men7oned above. All pending applica7ons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 13.01.2025 Jyo--II Whether speaking/reasoned: Yes Whether reportable: No. 3 JYOTI 2025.01.16 09:39 I attest to the accuracy and integrity of this order/judgment.