IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

221 *****

CRA-S No.3482 of 2025 Date of decision : 10.12.2025 Date of uploading : 10.12.2025 Balwan ………….Appellant Versus State of Haryana and another …….Respondents CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. S.S. Sahu, Advocate, for the appellant Ms. Priyanka Sadar, Senior DAG, Haryana Mr. Narender Kaajla, Advocate, for respondent no.2 ---

SUMEET GOEL, J. (ORAL)

1. Present appeal has been filed against the order dated 18.10.2025 passed by the Additional Sessions Judge, Fatehabad, whereby the application for grant of regular bail to the appellant in FIR No.321 dated 15.12.2023 under Sections 147, 148, 149, 302, 341, 342 and 506 of IPC and Section 3(2)(V) of Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 (Later on Sections 147, 148, 149, 120-B of IPC deleted and Section 34 of IPC added and challan presented for the offences under Sections 323, 302, 342, 365, 506 and 34 of IPC and Section 3(2)(V) of SC/ST Act, registered at Police Station Bhattu Kalan, Tehsil and District Fatehabad, has been dismissed.

2. The case set up in the FIR in question (as set out in the present appeal by the appellant) is as follows:-

‘I, Ganga Ram S/o Dei Chand S/o Nikku Ram Sodh, resident of village Thuiyan, age 55 years, mobile no.9728045072, stated that I am resident of the aforesaid address and I do labour work and belong to the Scheduled Caste community. I have three sons the eldest is Guldeep, the second is Kaluram, aged about 28 years, and the youngest is Dholuram. All my three sons are unmarried and live with me. My son Kaluram was taking medicine for a mental disorder from Government Hospital, Hisar. On 09- 12-2023, ру son Kaluram was standing outside our house when, at about 8:00 PM, Om Parkash s/o Khajan Singh Malhaan, resident of Thuiyan, came there in a drunken condition and started abusing my son Kaluram with filthy language. My son Kaluram stopped Om Parkash from abusing, upon which Om Parkash went towards his house. After some time, Om Parkash s/o Khajan Singh Malhan, Yogesh and Rahul sons of Om Parkash, Krishan s/o Sher Singh Malhan, and Davinder alias Joga s/o Basau Malhan, all residents of Thuyiann, came holding sticks and lathis in their hands. At that time, I was also present at my house. As soon as they arrived, they suddenly attacked my son Kaluram. Om Parkash hit my son Kaluram on the waist with the lathi in his hand. Krishan struck my son Kaluram's right arm with the stick in his hand. Yogesh hit Kaluram's left arm with the lathi in his hand. Davinder hit him with the stick on his legs. Rahul hit Kaluram on his right shoulder with a stick. My son Kaluram fell on the ground. All of them gave many blows on the hands, legs, waist, and shoulders of Kaluram. Thereafter, Om Parkash, Krishan, Yogesh, Rahul and Davinder dragged my son Kaluram to the house of Balwan s/o Leela Ram, resident of Thuyian, where Balwan s/o Leela Ram, holding a stick, Savitri wife of Balwan, and Ajay s/o Balwan (both holding sticks) were present. Om Parkash, Krishan, Yogesh, Rahul, Davinder, Balwan, Savity and Ajay together tied the hands and legs of my son Kaluram and, after tying, took him inside the room, where all of them together beat my son Kaluram with sticks and lathis. My son Kaluram raised cries of "save me, save me." On hearing the cries, I, my brother Tulsiram, and many villagers came running. Seeing us coming, Om Parkash, Krishan, Yogesh, Rahul, Davinder, Balwan, Savitri and Ajay all ran away from the spot along with their sticks and lathis, while threatening that "today Kaluram has survived; if we get another chance, we will kill him." The reason for the enmity is that, when my son Kaluram stopped Om Parkash from abusing him, Om Parkash, Krishan, Yogesh, Rahul, Davinder, Balwan, Savitri and Ajay beat him without any reason. I and the members of my family took my injured son Kaluram home that day. On the next day, as the pain of the injuries increased, I arranged f