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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANOOP CHITKARA
Jazbaat Naagar – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
642 | 21.08.2023 | Azad Nagar, District Hisar | 323, 34, 452, 506 IPC, 3(1)(r) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) 1989 (Amendment 2015) |
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 sta
The main legal point established in the judgment is the need to balance the liberty of the accused and the necessity of a fair trial when imposing bail conditions, and the discretion of the judge to ....
The court ruled that allegations of caste-based abuse must occur in public view to invoke the bar on anticipatory bail under the Atrocities Act, which was not established in this case.
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