IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

235 CRA-S-73-2026 Date of decision: 30.03.2026 Yashbir Singh ...Appellant Versus State of Haryana and another ...Respondents CORAM: HON'BLE MS. JUSTICE AARADHNA SAWHNEY Present : Mr. Rajesh Lamba, Advocate for the appellant.

Mr. Vishal Singh, AAG, Haryana. Mr. Pradeep Singh, Advocate and Mr. Sandeep Kumar, Advocate for respondent No.2/complainant.

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AARADHNA SAWHNEY, J.(ORAL)

1. Appellant has filed the present appeal for grant of anticipatory bail in case FIR No. 334 dated 26.06.2025, under Sections 115(2), 3 (5) of BNS (Section 238 BNS added later on) and Section 3(1)(s) and 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered at Police Station Sector-58, District Faridabad.

2. Relevant facts as emerging from the documents on record be noticed hereinbelow:-

Complainant, wife of an Army Personnel (Sukhbir Singh)

set the criminal law in motion by filing a complaint dated 24.06.2025 pointing therein that on 24.06.2025 itself, the couple residing next to her i.e. Yashbir, Arti and their minor son had assaulted her (C) and her family members with lathies, dandas, bricks etc. Complainant alleged that her gold earrings and chain worn by her at the relevant time were also snatched by the assailants, some of whom also tried to outrage her modesty. Complainant further alleged that approximately a month prior to the present incident i.e. on 20.05.2025, accused had uttered foul words in the name of caste and had ridiculed her, while she was standing outside her house and a failed attempt was made to beat her. Every now and then, accused party are habitual of using derogatory words in the name of caste against her (C) and her family members. She also apprehended threat to her and her family member’s life from the accused party. With this backdrop, she requested the police authorities to catch hold of Yashbir (present petitioner), Arti and their minor son as also to initiate appropriate criminal proceedings against them.

On the basis of the said complaint and medico legal report, a formal vide FIR No. 334 dated 26.06.2025, u/s 115(2), 3 (5) of BNS and Section 3(1)(s) and 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was registered.

During the course of investigations, statements of witnesses were recorded. Since the offence pertained to SC/ST Act, investigation of the case was handed over to the designated police officer. Caste Certificate of the complainant was also taken into possession, as was her Medico Legal Report. Subsequently, the opinion of the treating Doctor was sought with regard to nature of injuries suffered by complainant, which were opined to be ‘Simple’ in nature.

During the course of further investigation, appellant namely Yashbir, son of Saudan Singh, resident of Pratapgarh Part II Colony, nearby Army Flat, Sector 56, Ballabgarh, District Faridabad, was arrested on 31.10.2025, who during interrogation confessed to his involvement and pointed out that he had thrown the bat used by him in the incident in Gurugram Canal. Accordingly, Section 238 BNS was added.

Investigating officer after conducting thorough investigation did not find any substance in the allegations levelled by complainant against co-accused Arti (wife of present petitioner), who was accordingly let off. The minor son of the appellant was produced before Juvenile Justice Board, who is presently on bail.

On culmination of investigation, challan complete in all respects was filed against the appellant.

It further emerges from the status report dated 28.03.2026 filed by way of an affidavit of Mr. Vivek Kundu, HPS, Assistant Commissioner of Police, Mujesar, District Faridabad that charges have been framed against the appellant for commission of offences punishable u/s 115, 3(5) and 238 BNS and Section 3(1)(s), 3(2)(va) of SC/ST Act. Admittedly, out of 12 cited prosecution witnesses none has been examined till date.

3. Appellant moved