IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

295 Date of decision: 03.12.2025 SUNIL ....Appellant Versus STATE OF HARYANA AND ANOTHER ...Respondents CORAM: HON'BLE MR. JUSTICE YASHVIR SINGH RATHOR Present : Mr. R.S. Chauhan, Advocate for the appellant.

Mr. R.K. Ambavta, DAG, Haryana.

YASHVIR SINGH RATHOR. J.(Oral)

1. The appellant has preferred the present appeal under Section 14-A (2) of the SC/ST Act against the order dated 30.10.2025, passed by learned Additional Sessions Judge, Faridabad, whereby, the regular bail application of the appellant was dismissed in case bearing FIR No.431 dated 13.08.2025, under Sections 126(2), 115(2), 351(3), 190, 191(3) BNS and Sections 3(1) (R), 3(2)(va) of SC/ST Act registered at Police Station Sector 58, Faridabad.

2. I have heard learned counsel for the parties and material on file has been perused.

3. The present case was registered on the basis of complaint given to the police by Deepak, son of Chhotelal, resident of Balajit Colony, Karnera with the allegations that on 12.08.2025 at about 8:30 am, he was going for his duty, when his neighbours Sunil, Anil and their friend Sachin alongwith four to five other boys, stopped him and assaulted him with sticks, batons and iron rods. Sachin hit him with an iron rod while Anil and Sunil beat him with sticks and batons. The other boys also punched and kicked him but he does not know their names. While going away, they were proclaiming that they have spared him, but if he will mess up with them again, he will be killed. He further alleged that he was assaulted without any reason. Hearing the commotion, his family members arrived and took him to the hospital and he sought action against the accused. Initially, the FIR was registered for the offences under Sections 126(2), 115(2), 351(3), 190, 191(3) BNS. Appellant Sunil was arrested and he was produced before the Area Magistrate and he was released on bail. Subsequently, offence under Section 3(2) (va) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short SC/ST Act) was added. The Investigating Officer moved an application before the Area Magistrate seeking permission to re-arrest the accused- appellant on 16.10.2025, on which the following order was passed on 16.10.2025:-

“Investigating Officer has moved an application for re-arrest of the accused persons namely Sunil, Anil and Suraj and has submitted that initially FIR was registered under Sections 126(2), 115(2), 117(2), 190, 191(3), 351(3) BNS, but later on Sections 3(2)(Va) SC/ST Act have also been added in the present FIR and accordingly, a permission has been sought for re-arrest of the accused persons.

Heard. Material perused. A perusal of the record reveals that both the accused persons namely Sunil, Anil and Suraj were produced before the court in FIR No. 431 dated 13.08.2025 under Sections 126(2), 115(2), 117(2), 190, 191(3), 351(3) BNS on 21.08.2025 and were granted bail by the court. Thereafter, requisite bonds were furnished and since then the accused persons are on bail in the present case under Sections 126(2), 115(2), 117(2), 190, 191(3), 351(3) BNS. Thereafter, as per the Investigating Officer as well as record, Sections 3(2)(Va) SC/ST Act have also been added in the present FIR. Accordingly, requisite permission is granted to Investigating Agency to join the accused persons in investigation to conduct consequent proceedings including arrest, if required, in accordance with the provisions of BNSS relating to the arrest of persons in Chapter-V (from Section 35 to 62) and by adopting the due process of law as offences under Sections 3(2)(Va) SC/ST Act have also been added in the FIR No. 431 dated 13.08.2025, Police Station Sector-58, Faridabad. Accordingly, application at hand is hereby allowed subject to anticipatory bail by any ld. Appellant Court or Hon'ble High Court or Hon'ble Supreme Court. Application disposed of accordingly. Papers be tagged with the remand papers.”

4. Thereafter, appella