IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: 06.04.2026 GURNAM SINGH ......Appellant Versus POONAM AND ANOTHER .....Respondents CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present: Mr. Piyush Sharma, Advocate for the appellant.

Ms. Aakanksha Gupta, AAG, Punjab.

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KIRTI SINGH , J. (ORAL)

1. Mr. Bhavesh Ola, Advocate has put in appearance on behalf of respondent No.1 and files his power of attorney, which is taken on record.

2. Apprehending his arrest the appellant has filed the instant appeal, assailing the order dated 11.08.2025 passed by the learned Additional Sessions Judge, Ferozepur, whereby the bail application filed under Section 482 of BNSS for grant of anticipatory bail in case bearing complaint filed under Sections 3 and 4 of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 and Sections 354-A, 323, 506 and

509 of IPC, has been dismissed.

3. The brief factual matrix of the case is that the appellant and the co-accused have been summoned on the complaint filed by the complainant, wherein she alleged that on 29.11.2017, at about 11:00 a.m. HC Gurnam Singh and HC Gurbaksh Singh along with two other officials came on a government vehicle and took her along on the ground that she used to sell illicit liquor, to which she objected. Thereupon, HC Gurnam Singh and HC Gurbaksh Singh uttered objectionable casteist remarks and also abused her.

Upon hearing the noise, people gathered at the spot. One out of four police official took out his pistol. Thereafter, all the police officials allegedly caught hold the complainant and her sister from hair, dragged them into their vehicle, and took them in the office of Liquor Contractor in the Housing Board Colony, Ferozepur, while continuously misbehaving with them. They also outraged their modesty and used derogatory remarks against their caste, whereupon the two were taken to Police Station Sadar Ferozepur. There, they made a complaint before the SHO, but to no avail. When the husband of the complainant reached the police station, the police planted a false case against him. It was only late in the night that the complainant and her sister were let got by the officials.

4. Learned counsel for the appellant submits that the appellant has been falsely implicated in the present complaint filed by the complainant. It is submitted that the appellant is serving in Punjab Police as Head Constable. On 29.11.2017, the appellant had apprehended the husband of respondent No.1 namely Mukha with illicit liquor, which resulted into the registration of FIR No.345 dated 29.11.2017 against him. It is further submitted that in order to put pressure upon the present appellant, respondent No.1 moved an application before the learned Illaqa Magistrate, Ferozepur on 06.12.2017 and subsequently, another application before Senior Superintendent of Police, Ferozepur on 11.12.2017, levelling allegations against the appellant. Both the applications were inquired into, and the allegations made therein were found to be false, thus the same were ordered to be consigned vide report dated 13.02.2018. However, subsequently respondent No.1 filed a private complaint before the learned trial Court, in which the appellant has been summoned under Sections 3 and 4 of SC/ST Act vide order dated 08.05.2025. Reliance is placed on the judgment passed by the Hon’ble Supreme Court in “Prithvi Raj Chauhan vs. Union of India and Ors. 2020(4) SCC 727” and the judgment passed by this Hon’ble Court in CRM-M-1206-2022 titled as “Aisha V. State of Haryana”.

5. Per contra, learned State counsel as well as the learned counsel for respondent No.1 have vehemently opposed the submissions made by the learned counsel for the appellant and submit that there are specific and serious allegations against the appellant. They state that the appellant was actively involved in the commission of the offence.

6. Learned counsel for respondent No.1 submits that the present appeal is not maintainable, since the appella