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MANISHA BATRA
Harjinder Sharma – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mrs. Manisha Batra, J. (Oral)
The present appeal has been preferred against the order dated 05.09.2023, passed by the Additional Sessions Judge, Amritsar, whereby the regular bail application filed by the appellant, in case FIR No. 150 dated 21.22.2022, registered under Sections 323, 376, 384, 503, 506, 201 of the IPC and Section 3 of the Scheduled Castes and Scheduled Tribes Act, 1989 (for short 'SC/ST Act') at Police Station E Division, Amritsar, has been dismissed.
2. Brief facts of the case relevant for the purpose of disposal of this appeal are that the aforementioned FIR had been registered on the basis of a complaint filed by respondent No. 2 alleging therein that she had come into contact with the appellant through Instagram as on 30.05.2021 and they had become friends while making conversations with each other. Even they used to talk to the families of each other. She alleged that the appellant by inducing her on the pretext of performing marriage with her had taken her to Amritsar, wherein he ravished her. He had prepared videos and obscene photographs of the act and thereafter started blackmailing her by threatening that he would share those videos/photographs wit
The court ruled that a complainant's retraction of allegations and declaration as hostile can justify the granting of bail, indicating insufficient grounds for continued detention.
The application of SC/ST Act provisions to a member of Scheduled Caste accused of assault requires careful consideration of specific allegations and the status of the accused.
The Court's decision emphasized the importance of cooperation in trial proceedings and compliance with imposed conditions for granting bail under Section 439 of Cr.P.C.
The court established that allegations under the SC/ST Act require evidence of public view humiliation, which was not present in this case.
The court asserted the importance of considering age and gender in bail decisions, emphasizing that the Trial Court's failure to do so constituted grounds for granting bail.
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