J U D G M E N T

ANOOP KUMAR MENDIRATTA, J.

1. CRL.A.132/2024 and CRL.A.131/2024 have been preferred on behalf of the appellants under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “the Act”) read with Section 482 of Code of Criminal Procedure, 1973 (Cr.P.C.) challenging the order dated 28.12.2023 thereby remanding the appellants to judicial custody along with order dated 05.01.2024 passed by the learned ASJ in FIR No.489/2023 dated 14.11.2023 under Section 506/509/34 IPC registered at PS: Hauz Khas, New Delhi, whereby the bail applications under Section 439 Cr.P.C. was withdrawn with liberty to move the appropriate forum against order dated 29.12.2023 declining the first bail application preferred on behalf of the appellants. Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is stated to have been invoked by the prosecution subsequent to registration of FIR.

2. In brief, as per the case of the prosecution, a complaint was received from Ms.’C’ on 26.10.2023, alleging that on 25.10.2023 at 02:00PM, Priyanka Arora (appellant in CRL.A.132/2024) and Kapil Dev Arora (appellant in CRL.A.131/2024) along with Harish Chander Pahwa followed her and drove the car towards her. Further, a complaint lodged by her earlier against Priyanka Arora, Kapil Dev Arora and Harish Chander Pahwa had culminated in registration of FIR No.460/2022 at PS: Hauz Khas, New Delhi under various Sections of Indian Penal Code, 1860 (IPC) and Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. She further stated that in her earlier two complaints, it was also pointed out that aforesaid accused/appellants followed her regularly and tried to hit her by a car. As such, she apprehended danger to her life from the aforesaid accused/appellants who threatened her and used vulgar language earlier.

3. It is further the case of the prosecution that an inquiry was conducted and CCTV footage nearby the place of incident was examined, on the basis of which, a vehicle with registration No.DL4CY8230 was observed on P Block, South Extn.II, New Delhi. The said vehicle halted briefly, executed a sharp turn and thereafter left. Further, the said vehicle was found to be in the name of Neena Arora c/o Kapil Dev Arora.

4. As per the status report filed by the prosecution, complainant, during investigation stated that earlier FIR No.460/2022 was registered under Section 420 IPC wherein both the parties are engaged in mediation. The said case pertains to dispute of sale of property wherein the appellants allegedly refused the execution of sale deed in favour of the complainant. Complainant during investigation also alleged that on 25.10.2023, she was verbally abused by the appellants and they also showed her middle finger and threatened her by saying “Kutiya case wapas le-le nahi to iska anzam acha nahi hoga", and attempted to hit her by the vehicle. Statement of the complainant was also recorded under Section 164 Cr.P.C.

FIR was accordingly registered on 14.11.2023 under Section 506/509/34 IPC, PS: Hauz Khas, New Delhi. Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was invoked by the prosecution on 04.12.2023.

5. Learned counsel for the appellants challenges the order declining the bail to both the appellants and submits that appellant Priyanka Arora aged about 43 years is running an NGO and staying with her parents. The present case is stated to have been lodged on the next day of the alleged incident in order to pressurize the appellants to settle the civil dispute relating to sale of property.

6. It is further submitted that Agreement to Sell dated 01.10.2020 was executed by her father Kapil Dev Arora (appellant in CRL.A.131/2024) along with Harish Chander Pahwa, wherein she is one of the witnesses and a Civil Suit is also pending before the competent court of law. It is also pointed out t