IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RUPINDERJIT CHAHAL
Durga Parsad – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
RUPINDERJIT CHAHAL, J.
1. Present appeal is directed against the order dated 24.12.2025 passed by the Additional Sessions Judge, Sirsa dismissing the application of the appellant for grant of anticipatory bail in case FIR No.217 dated 25.10.2025 registered under Sections 351(2), 3(5), 126 and 115 of the Bharatiya Nyaya Sanhita, 2023 and Section 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes, 1989 (hereinafter in short as ‘SC/ST Act’) (Section 117(2) of the BNS added later on), at Police Station Nathusari Chopta, District Sirsa.
2. Brief facts as per the prosecution case are that the petitioner along with co-accused had caused injuries to the complainant and abused him in the name of his caste, due to some old enmity.
3. Learned counsel for the appellants contends that the appellant has been falsely implicated in the present case due to some old enmity. He submitted that the appellant is himself a victim and it is the complainant who was the aggressor. He further submitted that the appellant himself has received eight injuries given by the complainant. He argued that the stringent provisions of SC/ST Act has been misused. He argued that the allege
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 when allegations do not prima facie indicate offences under the SC/ST Act.
The court established that anticipatory bail can be granted if no prima facie case exists under the SC/ST Act, based on judicial discretion and the specifics of the case.
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