PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANISHA BATRA
Ghanshyam – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Manisha Batra, J. (Oral)
1. This appeal has been filed under Section 14-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (For short 'SC&ST Act') against the order dated 18.02.2025 passed by the Court of learned Additional Sessions Judge, Faridabad in case arising out of FIR No.528 dated 14.09.2024 registered under Sections 3 of the SC&ST Act and 115, 117(2), 190, 191(2), 191(3) and 351(2) of the Bharatiya Nyaya Sanhita, 2023 (For short 'BNS') at Police Station Adarsh Nagar, District Faridabad, whereby an application filed by the appellants-accused for grant of regular bail had been dismissed.
2. Brief facts relevant for the purpose of disposal of this appeal are that the aforementioned FIR was registered on the basis of a complaint lodged by the complainant Sunder Singh on the allegations that on the night of 10.09.2024, he along with his family members was present in his house when the Kunal along with co-accused entered inside his house. They opened an assault upon the family members of the complainant while hurling abuses and uttering caste related remarks to them. His brother Jitender Singh sustained several grievous injuries on h
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.
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.
Anticipatory bail may be granted under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act if no prima facie case is established from the allegations, particularly if they lack e....
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