IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RUPINDERJIT CHAHAL
Aakash Kumar – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
RUPINDERJIT CHAHAL, J.
1. Present appeal is directed against the order dated 19.09.2025 passed by the Additional Sessions Judge, Fatehabad dismissing the application of the appellant for grant of anticipatory bail in case FIR No.162 dated 10.07.2025 registered under Sections 115(2), 117(2), 190, 191(2) and 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short as ‘SC/ST Act’), at Police Station City Ratia, District Fatehabad.
2. Brief facts as per the prosecution case are that the appellant along with other co-accused had assaulted and caused injuries to the complainant and also abused him in the name of his caste, due to some old enmity. Hence, the present FIR.
3. Learned counsel for the appellant contends that the appellant has been falsely implicated in the present case. He argued that the appellant was neither named in the FIR, nor has any concern with the said offence. It has also been contended that the appellant was nominated as an accused on the basis of disclosure statement made by co-accused Resham Singh and Jiwan Singh. Apart from the disclosure statement, th
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 granted anticipatory bail under the SC/ST Act, emphasizing that custodial interrogation was not necessary given the nature of the allegations and the appellant's prior bailable offences.
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