IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Reserved on : 19.02.2025 Date of decision: 25.02.2025 Kewal Singh ...Appellant Versus State of Punjab and another ...Respondents CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. P. S. Ahluwalia, Advocate for the appellant.

Ms. Sakshi Bakshi, AAG, Punjab.

Mr. Sumeet Pal S. Sidhu, Advocate for Mr. Ramandeep Singh Brar, Advocate for respondent No. 2.

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MANISHA BATRA, J.

1. The present appeal has been filed under Section 14-A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ‘the SC/ST Act’) by the appellant challenging the order dated 26.11.2024 passed by the Court of learned Additional Sessions Judge, Tarn Taran, whereby an application filed by them under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of anticipatory bail in case arising out of FIR No. 93 dated 01.11.2024, registered under Sections 296 and 351 of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) and Section 3(1) of the SC/ST Act at Police Station Valtoha, Tarn Taran, had been dismissed.

2. Brief facts relevant for the purpose of disposal of this appeal are that the aforementioned FIR has been registered on 01.11.2024 on the basis of the statement got recorded by complainant/respondent No. 2 Satnam Singh alleging therein that he belonged to SC community and was working as a mason. His village Dasuwal was declared a reserved seat for Panchayat elections held in 2024 and his wife Manpreet Kaur was contesting the same for the post of Sarpanch. One Dr. Sarvan Singh was helping them in the elections. On the other hand, Sukhwinder Kaur wife of Chanan Singh was also a candidate for the post of Sarpanch and Kewal Singh (appellant) was helping her for getting maximum votes and eventually she won the election. It was further alleged that on 30.10.2024 at about 09:30/10:00 PM, Kewal Singh made a call from his mobile phone to the complainant and started abusing him and his family members and also used abusive language against them in the name of their caste, apart from extending threats to kill them. Thereafter, Kewal Singh had recorded an audio clip containing abusive language and sent the same to Dr. Sarvan Singh, which went viral among the general public, due to which, he faced great humiliation. After registration of the FIR, investigation proceedings have been initiated and the same are going on. Apprehending his arrest, the appellant has filed an application before the Court of learned Additional Sessions Judge, Tarn Taran for grant of anticipatory bail but the same had been dismissed, vide impugned order dated 26.11.2024. Hence, the instant appeal has been filed.

3. It has been argued by learned counsel for the appellant that the impugned order is not sustainable in the eyes of law as while passing the same, the concerned Court did not apply its judicious mind. The application filed by the appellant was dismissed by observing that a prima facie case under Section 3(1) of the SC/ST Act has been made out against the appellant, without considering the fact that the provisions of SC/ST are not even prima facie shown to be attracted in this case and that the appellant has been falsely implicated in this case. It is submitted that the allegations as levelled in the FIR, even if taken to be correct on the face of the record, do not make out any case for commission of subject offences. Even otherwise, there was unexplained delay of 02 days in reporting the matter to the police, which shows that the complainant has cooked up the entire story after due deliberations. As per own version of the complainant, there was a party fraction in the village. Hence, it is explicit that he has misused the same by levelling false allegations against the appellant.

4. It is further argued that the appellant has not never recorded any audio clip containing any derogatory remarks and, therefore, the question of sending the same to anyone does not arise at all.