JUDGMENT :

Anoop Chitkara, J.

1. Aggrieved by the grant of pre-arrest bail granted to the accused 2nd Respondent by the Additional Sessions Judge, Hisar, under Section 438 CrPC, 1973, for the offences including under the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989, [SCSTPOA], the victim has come up before this court under Section 439(2) of CrPC, by filing an appeal under section 14-A of SCSTPOA, seeking cancellation of the bail.

2. The facts and allegations are being taken from the reply filed by the State, which reads as follows:

'2. That brief facts of the case are that on 21.8.2023 an information was received from MHC P.S. Azad Nagar, Hisar that Jajbaat son of Jagram resident of Virat Nagar, Azad Nagar, Hisar is admitted in GH, Hisar due to injuries sustained in fight. In pursuance of which SI Ramesh Kumar reached GH, Hisar and after obtaining ruga and MLR of injured, moved an application for recording statement of injured, upon which doctor declared him fit for statement, and thereafter, statement of appellant was recorded in which it was alleged that I am resident of above noted address and 19 years old and studying in B.A.ll year. On 21.8.2023 he was going from Arya Nagar, from bank canal to his house at Virat Nagar on his motorcycle. On the way Ronit caste Jat resident of Scholar colony and Nakul Sharma resident of Azad Nagar, Hisar met me and they were consuming liquor. It was alleged that both of them stopped the complainant and asked me to take back the case which was registered against Lucky Sunar and Vikas Malik and simultaneously given 2-3 slap blows. Thereafter, complainant reached his house on his motorcycle. Thereafter, at about 1:45 PM Ronit and Nakul came to the house of complainant after calling him. It was alleged that Ronit was carrying danda in his hand and Nakul was carrying iron rod in his hand. It was alleged that both of them started beating him and given caste abusive words by saying "Dhed, Kamin and Dhanak". It was also alleged that Nakul gave rod blow on the left foot of the injured/complainant and Ronit gave danda blow on the left side of head and both of them given beating to the complainant. It was also stated that when mother and brother of complainant came, then both of them had gone from the house of complainant by saying that today you are spared and next time when you meet alone you will be killed. The motive behind alleged incident is that my brother Jamir got 8 registered case FIR No. 418 dated 12.6.2023 at P.S. Azad Nagar, Hisar for which today they have given beating to create pressure for settlement in the said case. It was also stated that the complainant belong to Dhanak community and strict legal action should be taken against Ronit and Nakul. It was also stated that his father Jagram took him to GH, Hisar for treatment, it was also stated that accused Ronit and Nakul came on Splendor motorcycle and they fled after said incident on same motorcycle.'

3. Appellant's counsel argued that wrong penal of provision was added by the investigator and even the court granted the bail considering the wrong provisions, as such on this ground alone the bail has to be cancelled and the matter has to be remanded back.

4. Counsel for the State submitted that the investigator undertakes to comply with all the directions passed by this Court.

5. Counsel for the accused submitted that in case this Court considers that wrong penal of provision was inserted by the investigator on this ground alone bail should not be cancelled. Counsel for the accused further submits that the accused did not use any such derogatory words and even otherwise he undertakes to comply with all the additional conditions imposed by this Court, but bail should not be cancelled.

6. The State's counsel opposes bail and ref