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ALOK JAIN
Ran Singh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. Alok Jain, J.
The present second appeal has been filed by the appellants seeking concession of anticipatory bail in FIR No. 45 dated 09.04.2024 under Section 323, 34, 427 and 506 of the Indian Penal Code and Section 3(2)(va) of the SC/ST (Prevention of Atrocities) Act, 1989, registered at Police Station Behai Bhiwani, District Bhiwani.
2. Learned counsel for the appellants after taking this Court through the FIR has opened his arguments that the Court below has erred by denying the concession of anticipatory bail to the appellants as it did not properly appreciate the grounds and evidence which entitle the appellants to be granted the concession of pre-arrest bail.
3. Learned counsel for the appellants after taking through the contents of the FIR has submitted that the registration of FIR itself was a pre-meditated and a calculated move on the part of the complaint. He submits that after lodging of the FIR, when the Investigating Officer had gone to the hospital for recording the statement of the complainant, interestingly, the complainant instead of getting his statement reduced into writing, handed over a typed copy of his statement to the Investigating Officer. He su
Anticipatory bail can be denied if a prima facie case is established under the SC/ST Act, supported by corroborative evidence.
Specific knowledge and mention of the complainant's Scheduled Caste status in the FIR are essential for the bar under Sections 18 and 18-A of the SC/ST Act to apply.
Anticipatory bail can be granted if no prima facie case is established under the SC/ST Act, as per the ruling in Dr. Subhash Kashinath Mahajan v. State of Maharashtra.
The court considered the behavior and history of the complainant's party in filing false complaints as influential in granting anticipatory bail to the petitioner.
The court clarified that anticipatory bail under the SC/ST Act is maintainable only if a prima facie case is not established or allegations are found to be false, motivated, or malafide.
The court established that anticipatory bail can be granted if no prima facie case exists under the SC/ST Act, based on judicial discretion and the specifics of the case.
The court emphasized that the fact of taking cognizance or filing of a charge sheet is not by itself a bar against the grant of anticipatory bail, and insults or intimidations to a person will not be....
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