CRA-S-10 IN 107 Brijesh Kum Vers State of Ha CORAM: Argued By AARADHN 1. bail in case Sections 19 Justice Act Tribe (Prev Police Stati 2. noticed her Banwari, T criminal la 10-2026 -1 IN THE HIGH COURT OF PUNJA CHANDIGA sh Kumar Versus of Haryana and another AM: HON’BLE MS. JUSTICE AA ed By: Mr. Gagandeep Singh Sirphikh Ms. Shweta Nahata, DAG, Ha Mr. Mehmood Pracha, Advoca Ms. Isha Janjua, Advocate for **** ADHNA SAWHNEY, J. (Oral) Appellant has filed the presen in case FIR No. 336 dated 13.12.202 190, 191(2), 115(2), 127(2), 351(3 ce Act and Section 3(2)(va)-33-89 of (Prevention of Atrocities) Act, 1989 e Station Mundkati, District Palwal. Relevant facts as emerging ed hereinbelow:- Smt. Savita, wife of Shri Vish ri, Tehsil Hodal, District Palwal, H al law in motion by filing a compl 1- PUNJAB AND HARYANA AT DIGARH CRA-S-10-2026 (O&M) Date of Decision: 30.03.2026 …Appellant. …Respondents. CE AARADHNA SAWHNEY. irphikhi, Advocate for the appellant. G, Haryana. dvocate (through VC) with te for complainant-respondent No.2. present appeal for grant of anticipator .2025, registered against him, und , 351(3) of BNS, Section 75 of Juveni of Scheduled Caste and Schedule t, 1989 (in short “the SC/ST Act”), rging from documents on record b Vishnu, resident of village and Po al, Haryana-respondent No.2 set th omplaint pointing therein that she .2026 ents. o.2. cipatory , under Juvenile heduled , at cord be d Post et the she is GURBACHAN SINGH 2026.04.21 15:30 I attest to the accuracy and integrity of this document CRA-S-10 ‘Balmiki’ b earner of t aged abou and used to with Raj an On their wa on rear sid themselves her (c) tha house of a caught by who all qu replied tha works in th namely, Ra name of C house. The was in no child, assa of pouring young boy consciousn repeating t his life. Co son, who regained co 10-2026 -2 ki’ by Caste. Her husband has pas of the family and is Sweepress by p bout 12 years, used to light the la ed to accompany the music band et aj and Verru, all residents of villag ir way back, a white coloured Swfit C r side also tried to forcibly bundle th lves, these three kids ran in differe ) that it was past midnight, when i of a Brahmin family in village Banc by Rajender, son of Hariya, Brijesh ll questioned him about his identi that he was from village Banchari a in the school. On hearing this, the Rajender, Brijesh (A) and Buland of Caste. They all questioned him The true facts were was disclosed no mood to hear his story. They u assaulted him with iron rods, belts, ring petrol on his foot and set it on f boy XXX became unconscious. Lit ousness, he again tried to explain ing that he had suddenly entered th Complainant alleges that electric s ho again lost consciousness. After ed consciousness, he was forced to a 2- passed away. She is the sole brea by profession. Her minor son XXX lamps during wedding procession d etc. On 10.12.2025, her son alon illage Banchari were returning hom wfit Car, tried to hit them. The perso the children inside the car. To sav fferent directions. Her son later to en in panic, he suddenly entered th anchari, where he was unfortunate ijesh (present appellant) and Buland entification details. The young la ari and was grandson of Jagdish wh , the above mentioned three person landi started abusing her son in th him as to why he had entered the sed by the boy, but the Brahmin fami ey unleashed an attack on the youn lts, wires etc. They went to the exte on fire. As a result of this onslaugh Little while later when he regaine plain his side of story and kept o d the house only with a view to sav ric shock was also given to her youn After a while when the child aga to admit that he had barged into th bread XXXX, ssions along home. erson o save told ed the nately landi, g lad h who rsons, in the their family young extent aught, ained pt on o save young again to the GURBACHAN SINGH 2026.04.21 15:30 I attest to the accuracy and integrity of this document CRA-S-10 house with the boy and that the lad with a view the child authorities of injuries they had t questionab members w authorities beaten him by them. W Hospital, H multiple se admitted to that even n Unmindful thus, lodge involved in appropriat complaint, inspected, s victim/child in, copy of 10-2026 -3 with a view to commit theft. Seeing y and fearing legal consequences, th lad had jumped inside the house by view to commit theft of valuables. ild was forced to admit this fals ities were intimated who arrived and ries on the young boy, they questio ad tortured him to such an exten nable conduct and behaviour. Im rs were intimated, who reached ities disclosed that the person in wh him up and further clarified their . Without wasting much time, the al, Hodal, where first aid treatmen le serious injuries suffered by the ed to a private hospital, Hodal. Tow en now threats are being issued to dful of these threats, she, however odged the complaint requesting th d in the brutal assault on her mino riate proceedings be initiated aga int, a formal case vide aforesaid FIR During the course of inves cted, statements of witnesses were rec m/child before the Child Welfare Com opy of ration card and Caste Certifica 3- eing the delicate medical condition s, the accused party concocted a sto by scaling the main outer wall, on es. Video was also prepared where false story. Later, however, polic and when they saw the visible mar estioned the accused party as to wh extent, who could not explain the Immediately thereafter, the fami ed the Police Station. The polic whose house the boy was found, ha eir stand that no injury was inflicte , the boy was rushed to Governme tment was provided. On account the young child, the family got hi Towards the end, complainant alleg ed to her to withdraw the complain ever, decided to proceed further an ng therein that all those who we minor son be immediately caught an against them. On the basis of sa d FIR was registered. investigation, place of incident wa ere recorded, including the statement o re Committee. Relevant documents, a ertificate were taken into possession b tion of story , only herein police marks o why their family police d, had flicted nment unt of t him lleges plaint. r and were ht and f said ent was ment of ents, as ion by GURBACHAN SINGH 2026.04.21 15:30 I attest to the accuracy and integrity of this document CRA-S-10 the police. obtaining le Section 3(3 the police village Kha accused, w bearing reg (make Mot which were the Court a grant of an was dismis present app 3. other accu sequence o complainan minor son commit the his ill luc questioned of his grand questioning who were s clarified th 10-2026 -4 olice. During investigation, Section ning legal opinion from the District A on 3(3) and 8,9 of the SC/ST were ad olice authorities that one Ram Kum ge Khambi had been providing shelte sed, who was also arrested and joine ng registration No. HR-30-X-5177 (m e Motorola) and cash amounting to R h were taken into possession. Accus ourt and later released on bail. Apprehending his arrest, app of anticipatory bail before the learne dismissed vide order dated 26.12.20 nt appeal has been filed. Learned counsel for the appe accused have been falsely implica ence of events did not unfold in th lainant party. In fact, in the interve son of complainant, aged about 1 it theft, entered the house of the appe ll luck, the young lad was caught tioned him about his identification det s grandfather, resident of village Banch tioning, he also admitted that he was were somehow successful in running a fied that their intention was to commit 4- ection 253 of BNS was added. Aft trict Attorney, Section 3(2)(v) read wi ere added. It also came to the notice o Kumar, son of Bhudatt, resident o shelter and financial assistance to th joined in the investigations. Vehic 77 (make WagonR Car), mobile phon g to Rs.350/- were recovered from hi Accused Ram Kumar was produced appellant moved an application fo learned Sessions Judge, Palwal, whic .2025. Aggrieved of the same, th e appellant contends that appellant an implicated in the present case. Th in the manner as portrayed by th ntervening night of 10/11.12.2025, th out 10-12 years, with an intention e appellant by scaling the main wall. caught by the family members, wh ion details, when he disclosed the nam Banchari, District Palwal. On repeate e was accompanied by two other boy ning away. But in no unclear terms, h ommit theft. All these admissions we . After ad with otice of ident of e to the Vehicle e phone om him uced in tion for , which , the lant and . The by the 025, the ntion to To rs, who name repeated er boys, erms, he ns were GURBACHAN SINGH 2026.04.21 15:30 I attest to the accuracy and integrity of this document CRA-S-10 videograph the police of the pres police at ab in which th was also gi version of t they intima station but other accus were twiste the boy had ridiculed in the story se complaint, electric sho petrol on it Governmen This contra mark on th That apart suggests th not been co was either 10-2026 -5 graphed by the accused party, who olice authorities. The necessary facts w e present complainant vide complai at about 2.48 PM on 11.12.2025 me hich the incident occurred. Receipt given by Police Station Mundkati on of the accused party was brought to intimated the family members of the but after due deliberations, with a accused as also to extract illegal mon twisted and a coloured version was p oy had been beaten black and blue b uled in the name of ‘Caste’. Continuing further, learned co tory set up by complainant is apparen laint, she specifically alleged that ric shocks and that a portion of his foo l on it, but no such injuries were not rnment Hospital, who therefore, did n contradiction since remains unexplai on the genuineness of the story put apart, unexplained delay in lodgin ests that the same is an outcome of de een correctly mentioned. Learned counsel next contends either abused or rebuked or any deroga 5- who immediately thereafter intimate facts were penned down by the broth mplaint (Annexure A-2) given to th mentioning therein the exact mann ceipt (Annexure A-3) in token thereo ndkati, District Palwal. As soon as th ught to the notice of the police official of the victim, who arrived in the polic ith a view to harass the appellant an al monetary benefit from them, the fac was portrayed by falsely alleging th blue by the accused party and was als ned counsel contends that the falsity o pparent from the fact that though in th that her minor son had been give his foot had been set on fire by pourin noticed by the treating doctor of th , did not mention the same in the MLR explained has further raised a questio ry put forth by the complainant part lodging the FIR on 13.12.2025 als of deliberations as also that facts hav ntends that at no point in time, the chi derogatory words in the name of ‘Cast timated brother to the manner thereof n as the fficials, e police lant and the facts ing that as also alsity of h in the n given pouring r of the e MLR. question t party. 25 also cts have he child ‘Caste’ GURBACHAN SINGH 2026.04.21 15:30 I attest to the accuracy and integrity of this document CRA-S-10 were uttere counsel con appellant a of the incid her son, wh confessed t When appr brought on Section 3( interrogatio from him, b the investig been made. 4. bail, learne respondent statement o and other a when the s further, lea the Schedu authorities (Brahmin b paid. It w authorities 10-2026 -6 uttered. In the light of the submissio sel contends that a false and frivolous llant and other accused by complainan e incident by levelling baseless allega on, who was caught at odd hours insid ed that he had entered the house n appreciated in the light of the seq ght on record, learned counsel contend on 3(2)(va) of SC/ST Act is mad rogation of the appellant is not reques , but still being a law abiding citiz nvestigation as and when called for. made. made. Per contra, while opposing th learned State counsel accompanied by ndent No.2 contend that in the factual ment of complainant, whose minor so ther accused, no case for grant of pre the said statement stands corrobora er, learned counsel contend that the co cheduled Caste Community, had been rities to initiate criminal proceedi hmin by Caste), who had beaten up her It was only when the pressure sta rities that the FIR was lodged. 6- missions advanced hereinabove, learne volous FIR has been lodged against th plainant, who twisted the entire genes allegations only with a view to shie s inside the house of appellant and wh ouse with an intention to commit thef he sequence of events that have bee ontends that no prima facie case und s made out. Though the custodi requested as nothing is to be recovere g citizen, he is ready and willing to jo for. Prayer for allowing the appeal h sing the request for grant of pre-arre ied by learned counsel for complainan factual scenario of the case in hand, th inor son was assaulted by the appella of pre-arrest bail is made out, more s roborated with the MLR. Continuin t the complainant a widow belonging d been repeatedly requesting the polic oceedings against the accused par her son mercilessly, but no heed wa ure started mounting up on the polic learned inst the genesis o shield nd who it theft. ve been under ustodial covered g to join peal has arrest lainant- and, the ppellant ore so, ntinuing nging to e police d party eed was e police GURBACHAN SINGH 2026.04.21 15:30 I attest to the accuracy and integrity of this document CRA-S-10 No.2 that t authenticity preliminary the manner given beati present cas been condu abrasions, c examinatio consequenc concocted a with an int authorities, why child w seriousness relief of pre submits tha whereabout recover the involved in 5. through the 6. contentions 10-2026 -7 It is further the submission o that the so called ‘video recording nticity of which is yet to be ascertaine minary stage, to arrive at a conclusion anner as portrayed by complainant beatings by the appellant and othe nt case, as per learned counsel for c conducted in a partisan manner. The ions, contusions etc., all over his body inations, was in a very precarious m equences, the accused party in collusi octed a story that the boy had jumped an intention to commit theft. The bo rities, who had arrived at the site. It i child was not got medico legally exam usness and gravity of allegations, no ca f of pre-arrest bail is made out. Learned State counsel furth its that custodial interrogation of the eabouts of the other accused who ha er the weapon of offence as also t lved in the case. Dismissal of the appea I have heard the learned co gh the documents on record. Before expressing any opin ntions raised by learned counsel for th 7- sion of learned counsel for responde ing’ referred to by the appellant, th ertained, cannot be taken note of at th lusion that the incident did not unfold inant and that the young boy was n d other accused. Investigation in th l for complainant-respondent No.2, ha r. The child who had suffered multip s body and was advised X-ray and oth rious medical condition. Fearing leg collusion with the local police officia mped into the house by scaling the wa The boy was handed over to the polic te. It is, thus for the IO to explain as y examined immediately. In the light o s, no case for granting this extraordinar l further while opposing the appe of the appellant is needed to know th ho have till date not been arrested, also to throw light on the intricacie appeal has been prayed for. ed counsel for the parties and gon opinion on the merits of the riv l for the parties, it would be appropria pondent lant, the f at this nfold in was not in the o.2, has multiple nd other g legal officials the wall e police ain as to light of ordinary appeal now the sted, to tricacies d gone he rival ropriate GURBACHAN SINGH 2026.04.21 15:30 I attest to the accuracy and integrity of this document CRA-S-10 to refer to c factors to b anticipatory The State Supreme C ought not t Supreme C RCR (Crim SC/ST Act, 10-2026 -8 fer to certain relevant judgments of Ho rs to be kept in mind while dealing ipatory bail, have been discussed. In Nikita Jagganath Shetty @ tate of Maharashtra and another, eme Court held that “Anticipatory ba not to be granted in a routine manne While interpreting Section 1 eme Court in Kiran vs. Rajkumar J Criminal) 18, held as under:- “5.2 It is evident from the ab expressly excludes the applica of Criminal Procedure, 1973 Cr.PC”). In another words, i arrest of a person who i committing offence under thi Cr.P.C. would not be availabl the benefit of anticipatory ba offences alleged under the SC the SC/ST Act would operate.” It would also be appropriate to T Act, which reads as under:- “commits any offence specif person or property, knowing t Scheduled Caste or a Schedule to such member, shall be pun specified under the Indian Pe offences and shall also be liab 8- of Hon'ble Supreme Court, wherein th aling with an application for grant o etty @ Nikita Vishwajeet Jadhav v her, 2025 AIR SC 3375, the Hon’b ry bail is an exceptional remedy an nner.” tion 18 of the SC/ST Act, Hon’b ar Jivraj Jain and another, 2025( e above provision of Section 18 that plicability of Section 438 of the Cod 973 (“hereinafter referred to as “th , in relation to any case involvin o is facing the accusation abo r this Act, protection of Section 43 ilable. The Legislature has taken awa y bail in respect of the arrest for th e SC/ST Act. The bar in Section 18 ate.” riate to refer to Section 3(2)(va) of the pecified in the Schedule, against ing that such person is a member of eduled Tribe or such property belong punishable with such punishment a n Penal Code (45 of 1860) for suc liable to fine;” rein the grant of av vs. Hon’ble y and Hon’ble 025(4) that it Code s “the olving about n 438 away or the 18 of of the inst a er of a elongs ent as such GURBACHAN SINGH 2026.04.21 15:30 I attest to the accuracy and integrity of this document CRA-S-10 7. have alread complainan corroborate status repo injuries on stage there Allegations commission Provisions of the case out in favo know the w arrested, to intricacies i 8. opinion tha depravity/h ordinary re 9. 10. 30.03.2026 gbs 10-2026 -9 Factual aspects of the case le already been noted in para 2 of this lainant, who is the mother of the juv borated with the medico legal report s report), prepared by the doctor of a ies on the person of young lad cannot b there being nothing on record ations levelled against the appellant ission of offence punishable unde isions of Section 18 of the SC/ST Act e case in hand. As such, no case for n favour of the appellant, whose cus the whereabouts of the other accus ted, to recover the weapon of offenc acies involved in the case. In view of discussions made ion that Appellant has not been able t avity/hardship in his favour, entitling ary relief of pre-arrest bail. The appeal being devoid of me Pending application (s), if any, .2026 Whether Speaking/reasoned Whether Reportable 9- case leading to the lodging of the FI of this order. Allegations levelled b the juvenile, who was assaulted, stand eport (Annexure R-1 appended with th r of a Government Hospital. Multip annot be said to be self-inflicted. At th ord to doubt the veracity of MLR ellant make out a prima facie case fo under the SC/ST Act against him T Act are applicable to the fact situatio se for grant of anticipatory bail is mad se custodial interrogation is needed accused, who have till date not bee offence as also to throw light on th made hereinabove, the Court is of th able to make out a case of exception titling him for the grant of this ext of merit, is hereby dismissed. if any, also stands disposed of. (AARADHNA SAWHNEY) JUDGE : Yes/No : Yes/No the FIR elled by , stands with the ultiple At this f MLR. case for st him. ituation is made eded to been t on the s of the eptional is extra NEY) GURBACHAN SINGH 2026.04.21 15:30 I attest to the accuracy and integrity of this document