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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL
Kiranjeet Kaur – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
SUMEET GOEL, J.
1. Present appeal has been filed under Section 14-A of the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘SC/ST Act’) for grant of anticipatory bail to the appellant in case bearing FIR No.67 dated 23.09.2025, registered for the offences punishable under Section 3 of the of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 at Police Station Sadar Budhlada, District Mansa.
2. The gravamen of the FIR in question pertains to an incident whereby the complainant namely Gurmail Kaur, wife of Bhola Singh, daughter-in-law of Khiddu Singh, resident of Ward No.3, Village Datewas, District Mansa aged about 65 years alleged that she is presently serving as a Panchayat Member in village Datewas and belongs to the Scheduled Caste community. She further alleged that accused – appellant namely Kiranjeet Kaur, widow of late Nachhatar Singh belongs to the Jatt Sikh caste. On the road from the village of complainant to Ranghrial, about 05 killa (fields) away, there is a spot beside the road that is used for dumping garbage. Recently, some people also started making cow dung cakes there. On 20
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.
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.
On facts, false complaint has been made by the complainant; and thereafter again FIR has been lodged under the offence of SC/ST Act, in these circumstances, without commenting on merits of the case, ....
Pre-arrest bail – In relation to any case involving arrest of a person who is facing accusation about committing offence under SC/ST Act,1989, protection of Section 438, Cr.P.C. would not be availabl....
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....
The judgment emphasizes the need to demonstrate intention to humiliate a member of the SC/ST community for the SC/ST Act to apply, and discusses the applicability of anticipatory bail under the Act.
The court established that allegations under the SC/ST Act require evidence of public view humiliation, which was not present in this case.
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