Section 15-A of the SC & ST Act mandates that victims must be notified and heard in bail proceedings.

JASJIT SINGH BEDI , J. (Oral)

The prayer in the present appeal under Section 14-A of the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 is for setting aside the order dated 11.02.2025 passed by the Additional Sessions Judge, Yamuna Nagar in case FIR No.164 dated 16.04.2022 under Sections 148 , 149, 302, 307, 323, 506, 379-B, 120-B, 201 IPC, Section 25 of the Arms Act & Section 3 of the SC & ST Act registered at Police Station Sector 17, HUDA, Jagadhri, District Yamuna Nagar, whereby bail has been granted to the respondent No.2.

2. The brief facts of the case are that FIR No.164 dated 16.04.2022 under Sections 148 , 149, 302, 307, 323, 506, 379-B, 120-B, 201 IPC, Section 25 of the Arms Act & Section 3 of the SC & ST Act, Police Station Sector 17, HUDA, Jagadhri, District Yamuna Nagar came to be registered at the instance of the complainant-Mohit Sharma who is stated to be an injured-eye witness. During the course of investigation, material was collected against the accused persons including respondent No.2-Vishal @ Vicky Sodhi. He was arrested on 10.02.2023 and on his disclosure statement, multiple weapons and ammunition was recovered.

3. The respondent No.2-Vishal @ Vicky Sodhi sought the concession of bail which was granted to him on the grounds of parity vide order dated 11.02.2025.

4. It is this order which is under challenge in the present appeal.

5. The learned counsel for the appellant-complainant contends that respondent No.2-accused/-Vishal @ Vicky Sodhi has been granted the concession of bail without affording an opportunity of hearing to the de facto victim or his dependents in clear violation of Section 15-A Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989. Therefore, the impugned order dated 11.02.2025 is liable to be set aside and respondent No.2-Vishal @ Vicky Sodhi be committed to custody.

6. The learned counsel for the State, on the other hand, while referring to the reply/affidavit of Rajeev Miglani, HPS, Deputy Superintendent of Police, Jagadhri, District Yamuna Nagar, dated 12.08.2025 contends that as per the record when the bail application was received by the court of the Additional Sessions Judge, Jagadhri on 07.02.2025, notice of the same was issued to the respondent-State only through the Public Prosecutor for 11.02.2025, on which date, the bail was granted to the respondent No.2- Vishal @ Vicky Sodhi and another. No notice was issued by the Court to the victims or the other persons mentioned in Section 15A Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989. Therefore, the impugned order is liable to be set aside. Factually, he contends that 38 out of the 50 prosecution witnesses now stand examined.

7. The learned counsel for respondent No.2-accused/-Vishal @ Vicky Sodhi contends that the bail granted to respondent No.2 ought not to be cancelled as there is no act or conduct on the part of the answering respondent No.2 post him being granted bail which would amount to either threatening of the witnesses or tampering with the evidence. He, therefore, contends that the present appeal is liable to be dismissed.

8. I have heard the learned counsel for the parties.

9. Section 15(A) of the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 is as under:-

(3) A victim or his dependent shall have the right to reasonable, accurate, and timely notice of any Court proceeding including any bail proceeding and the Special Public Prosecutor or the State Government shall inform the victim about any proceedings under this Act.

(5) A victim or his dependent shall be entitled to be