CHANDIGA PUNJAB AND HARYANA AT DIGARH 107 A Jogender S nder Sharma v. Vers State of Ha of Haryana CRA-S-384-2026 (O&M) .2026 Date of Decision & Anr.

Judgment

1. Appellant has filed the presen present appeal for grant of anticipator cipatory bail in case in case FIR No. 336 dated 13.12.202 .12.2025, registered against him, und , under Sections 19 ons 190, 191(2), 115(2), 127(2), 351(3 , 351(3) of BNS, Section 75 of Juveni Juvenile Justice Act ce Act and Section 3(2)(va)-33-89 of 89 of Scheduled Caste and Schedule heduled Tribe (Prev (Prevention of Atrocities) Act, 1989 t, 1989 (in short “the SC/ST Act”), ct”), at Police Stati e Station Mundkati, District Palwal.

2. Relevant facts as emerging rging from documents on record b cord be noticed her ed hereinbelow:- Smt. Savita, wife of Shri Vish Vishnu, resident of village and Po d Post Banwari, T ri, Tehsil Hodal, District Palwal, H al, Haryana-respondent No.2 set th et the criminal la al law in motion by filing a compl omplaint pointing therein that she she is GURBACHAN SINGH 2026.04.21 15:30 I attest to the accuracy and integrity of this document CRA-S-384 384-2026 2- -2 ‘Balmiki’ b ki’ by Caste. Her husband has pas passed away. She is the sole brea earner of t of the family and is Sweepress by p by profession. Her minor son XXX XXXX, aged abou bout 12 years, used to light the la e lamps during wedding procession ssions and used to ed to accompany the music band et d etc. On 10.12.2025, her son alon with Raj an aj and Verru, all residents of villag illage Banchari were returning hom home. On their wa ir way back, a white coloured Swfit C wfit Car, tried to hit them. The perso on rear sid r side also tried to forcibly bundle th le the children inside the car. To sav o save themselves lves, these three kids ran in differe fferent directions. Her son later to r told her (c) tha ) that it was past midnight, when i en in panic, he suddenly entered th ed the house of a of a Brahmin family in village Banc anchari, where he was unfortunate caught by by Rajender, son of Hariya, Br Brijesh and Jogender @ Bulan (present ap nt appellant), who all questioned him d him about his identification detail etails. The young ung lad replied that he was from vil m village Banchari and was grandso of Jagdish dish who works in the school. On h On hearing this, the above mentione tioned three perso ersons, namely, Rajender, Brijesh jesh and Bulandi (A) started abusin busing her son in n in the name of Caste. They all q all questioned him as to why he ha e had entered the d their house. The true facts were w ere was disclosed by the boy, but th ut the Brahmin fa in family was in no mood to hear his r his story. They unleashed an attac attack on the youn ung child, assaulted him with iron iron rods, belts, wires etc. They we y went to the exten extent of pouring petrol on his foot

foot and set it on fire. As a result sult of this onslau slaught, young boy XXX became unc e unconscious. Little while later whe he regaine ained consciousness, he again tried tried to explain his side of story an ry and kept on rep repeating that he had suddenly ente entered the house only with a view iew to save his lif is life. Complainant alleges that ele t electric shock was also given to h to her young son, son, who again lost consciousness. A ss. After a while when the child aga regained co ed consciousness, he was forced to a to admit that he had barged into th to the GURBACHAN SINGH 2026.04.21 15:30 I attest to the accuracy and integrity of this document CRA-S-384 384-2026 3- -3 house with with a view to commit theft. Seeing eing the delicate medical condition tion of the boy and y and fearing legal consequences, th s, the accused party concocted a sto that the la e lad had jumped inside the house by se by scaling the main outer wall, on l, only with a view view to commit theft of valuables. es. Video was also prepared where herein the child ild was forced to admit this fals false story. Later, however, polic police authorities ities were intimated who arrived and and when they saw the visible mar of injuries ries on the young boy, they questio estioned the accused party as to wh o why they had t ad tortured him to such an exten extent, who could not explain the questionab nable conduct and behaviour. Im Immediately thereafter, the fami family members w rs were intimated, who reached ed the Police Station. The polic police authorities ities disclosed that the person in wh whose house the boy was found, ha d, had beaten him him up and further clarified their eir stand that no injury was inflicte flicted by them. W . Without wasting much time, the , the boy was rushed to Governme Hospital, H al, Hodal, where first aid treatmen tment was provided. On account unt of multiple se le serious injuries suffered by the the young child, the family got hi t him admitted to ed to a private hospital, Hodal. Tow Towards the end, complainant alleg lleges that even n en now threats are being issued to ed to her to withdraw the complain plaint. Unmindful dful of these threats, she, however ever, decided to proceed further an r and thus, lodge odged the complaint requesting th ng therein that all those who we involved in d in the brutal assault on her mino minor son be immediately caught an ht and appropriat riate proceedings be initiated aga against them. On the basis of sa f said complaint, int, a formal case vide aforesaid FIR d FIR was registered. During the course of inves investigation, place of incident wa ent was inspected, s cted, statements of witnesses were rec ere recorded, including the statement o ment of victim/child m/child before the Child Welfare Com re Committee. Relevant documents, a ents, as in, copy of opy of ration card and Caste Certifica ertificate were taken into possession b ssion by GURBACHAN SINGH 2026.04.21 15:30 I attest to the accuracy and integrity of this document CRA-S-384 384-2026 4- -4 the police. olice. During investigation, Section ection 253 of BNS was added. Aft After obtaining le ning legal opinion from the District A trict Attorney, Section 3(2)(v) read wi ad with Section 3(3 on 3(3) and 8,9 of the SC/ST were ad ere added. It also came to the notice o otice of the police olice authorities that one Ram Kum Kumar, son of Bhudatt, resident o ident of village Kha ge Khambi had been providing shelte shelter and financial assistance to th e to the accused, w sed, who was also arrested and joine joined in the investigations. Vehic Vehicle bearing reg ng registration No. HR-30-X-5177 (m 77 (make WagonR Car), mobile phon e phone (make Mot e Motorola) and cash amounting to R g to Rs.350/- were recovered from hi om him which were h were taken into possession. Accus Accused Ram Kumar was produced uced in the Court a ourt and later released on bail. Apprehending his arrest, app t, appellant moved an application fo tion for grant of an t of anticipatory bail before the learne learned Sessions Judge, Palwal, whic l, which was dismis dismissed vide order dated 31.01.20

1.2026. Aggrieved of the same, th me, the present app nt appeal has been filed.

3. Learned counsel for the appe e appellant contends that appellant an lant and other accu accused have been falsely implica implicated in the present case. Th . The sequence o ence of events did not unfold in th in the manner as portrayed by th by the complainan lainant party. In fact, in the interve ntervening night of 10/11.12.2025, th 025, the minor son r son of complainant, aged about 1 out 10-12 years, with an intention ntion to commit the it theft, entered the house of the appe e appellant by scaling the main wall. T wall. To his ill luc ll luck, the young lad was caught caught by the family members, wh rs, who questioned tioned him about his identification det ion details, when he disclosed the nam e name of his grand s grandfather, resident of village Banch Banchari, District Palwal. On repeate repeated questioning tioning, he also admitted that he was e was accompanied by two other boy er boys, who were s were somehow successful in running a ning away. But in no unclear terms, h erms, he clarified th fied that their intention was to commit ommit theft. All these admissions we ns were GURBACHAN SINGH 2026.04.21 15:30 I attest to the accuracy and integrity of this document CRA-S-384 384-2026 5- -5 videograph graphed by the accused party, who who immediately thereafter intimate timated the police a olice authorities. The necessary facts w facts were penned down by the broth brother of the pres e present complainant vide complai mplaint (Annexure A-2) given to th to the police at ab e at about 2.48 PM on 11.12.2025 me 25 mentioning therein the exact mann manner in which th hich the incident occurred. Receipt ceipt (Annexure A-2) in token thereo thereof was also gi also given by Police Station Mundkati ndkati, District Palwal. As soon as th n as the version of t on of the accused party was brought to ught to the notice of the police official fficials, they intima intimated the family members of the e victim, who arrived in the polic e police station but n but after due deliberations, with a ith a view to harass the appellant an lant and other accus accused as also to extract illegal mon al monetary benefit from them, the fac the facts were twiste twisted and a coloured version was p was portrayed by falsely alleging th ing that the boy had oy had been beaten black and blue b blue by the accused party and was als as also ridiculed in uled in the name of ‘Caste’. Continuing further, learned co ned counsel contends that the falsity o alsity of the story se tory set up by complainant is apparen pparent from the fact that though in th in the complaint, laint, she specifically alleged that that her minor son had been give n given electric sho ric shocks and that a portion of his foo his foot had been set on fire by pourin pouring petrol on it l on it, but no such injuries were not re noticed by the treating doctor of th r of the Governmen rnment Hospital, who therefore, did n , did not mention the same in the MLR e MLR. This contra contradiction since remains unexplai explained has further raised a questio question mark on th on the genuineness of the story put ry put forth by the complainant part t party. That apart apart, unexplained delay in lodgin lodging the FIR on 13.12.2025 als 25 also suggests th ests that the same is an outcome of de of deliberations as also that facts hav cts have not been co een correctly mentioned. Learned counsel next contends ntends that at no point in time, the chi he child was either a either abused or rebuked or any deroga derogatory words in the name of ‘Cast ‘Caste’ GURBACHAN SINGH 2026.04.21 15:30 I attest to the accuracy and integrity of this document CRA-S-384 384-2026 6- -6 were uttere uttered. In the light of the submissio missions advanced hereinabove, learne learned counsel con sel contends that a false and frivolous volous FIR has been lodged against th inst the appellant a llant and other accused by complainan plainant, who twisted the entire genes genesis of the incid e incident by levelling baseless allega allegations only with a view to shie o shield her son, wh on, who was caught at odd hours insid s inside the house of appellant and wh nd who confessed t essed that he had entered the house w ouse with an intention to commit thef it theft. When appr n appreciated in the light of the seq he sequence of events that have bee ve been brought on ght on record, learned counsel contend ontends that no prima facie case und e under Section 3( on 3(2)(va) of SC/ST Act is mad s made out. Though the custodi ustodial interrogatio rogation of the appellant is not reques requested as nothing is to be recovere covered from him, b him, but still being a law abiding citiz g citizen, he is ready and willing to jo g to join the investig nvestigation as and when called for. P for. Prayer for allowing the appeal ha peal has made. been made.

4. Per contra, while opposing th sing the request for grant of pre-arre arrest bail, learne learned State counsel accompanied by ied by learned counsel for complainan lainant- respondent ndent No.2 contend that in the factual factual scenario of the case in hand, th and, the statement o ment of complainant, whose minor so inor son was assaulted by the appella ppellant and other a ther accused, no case for grant of pre of pre-arrest bail is made out, more s ore so, when the s the said statement stands corrobora roborated with the MLR. Continuin ntinuing further, lea er, learned counsel contend that the co t the complainant a widow belonging nging to the Schedu cheduled Caste Community, had been d been repeatedly requesting the polic e police authorities rities to initiate criminal proceedi oceedings against the accused par d party (Brahmin b hmin by Caste), who had beaten up her up her son mercilessly, but no heed wa eed was paid. It w It was only when the pressure sta ure started mounting up on the polic e police authorities rities that the FIR was lodged. GURBACHAN SINGH 2026.04.21 15:30 I attest to the accuracy and integrity of this document CRA-S-384 384-2026 7- -7 It is further the submission o sion of learned counsel for responde pondent No.2 that t that the so called ‘video recording ing’ referred to by the appellant, th lant, the authenticity nticity of which is yet to be ascertaine ertained, cannot be taken note of at th f at this preliminary minary stage, to arrive at a conclusion lusion that the incident did not unfold nfold in the manner anner as portrayed by complainant inant and that the young boy was n was not given beati beatings by the appellant and othe d other accused. Investigation in th in the present cas nt case, as per learned counsel for c l for complainant-respondent No.2, ha o.2, has been condu conducted in a partisan manner. The r. The child who had suffered multip multiple abrasions, c ions, contusions etc., all over his body s body and was advised X-ray and oth nd other examinatio inations, was in a very precarious m rious medical condition. Fearing leg g legal consequenc equences, the accused party in collusi collusion with the local police officia officials concocted a octed a story that the boy had jumped mped into the house by scaling the wa the wall with an int an intention to commit theft. The bo The boy was handed over to the polic e police authorities, rities, who had arrived at the site. It i te. It is, thus for the IO to explain as as to why child w child was not got medico legally exam y examined immediately. In the light o light of seriousness usness and gravity of allegations, no ca s, no case for granting this extraordinar ordinary relief of pre f of pre-arrest bail is made out. Learned State counsel furth l further while opposing the appe appeal submits tha its that custodial interrogation of the of the appellant is needed to know th now the whereabout eabouts of the other accused who ha ho have till date not been arrested, sted, to recover the er the weapon of offence as also t also to throw light on the intricacie tricacies involved in lved in the case. Dismissal of the appea appeal has been prayed for.

5. I have heard the learned co ed counsel for the parties and gon d gone through the gh the documents on record.

6. Before expressing any opin opinion on the merits of the riv he rival contentions ntions raised by learned counsel for th l for the parties, it would be appropria ropriate GURBACHAN SINGH 2026.04.21 15:30 I attest to the accuracy and integrity of this document CRA-S-384 384-2026 8- -8 to refer to c fer to certain relevant judgments of Ho of Hon'ble Supreme Court, wherein th rein the factors to b rs to be kept in mind while dealing aling with an application for grant o grant of anticipatory ipatory bail, have been discussed. In Nikita Jagganath Shetty @ etty @ Nikita Vishwajeet Jadhav v av vs. The State tate of Maharashtra and another, her, 2025 AIR SC 3375, the Hon’b Hon’ble Supreme C eme Court held that “Anticipatory ba ry bail is an exceptional remedy an y and ought not t not to be granted in a routine manne nner.” While interpreting Section 1 tion 18 of the SC/ST Act, Hon’b Hon’ble Supreme C eme Court in Kiran vs. Rajkumar J ar Jivraj Jain and another, 2025(4 025(4) RCR (Crim Criminal) 18, held as under:- “5.2 It is evident from the ab e above provision of Section 18 that that it expressly excludes the applica plicability of Section 438 of the Cod Code of Criminal Procedure, 1973 973 (“hereinafter referred to as “th s “the Cr.PC”). In another words, i ds, in relation to any case involvin olving arrest of a person who i o is facing the accusation abo committing offence under thi r this Act, protection of Section 43 n 438 Cr.P.C. would not be availabl ilable. The Legislature has taken awa the benefit of anticipatory ba y bail in respect of the arrest for th or the offences alleged under the SC e SC/ST Act. The bar in Section 18 18 of ate.” the SC/ST Act would operate.” It would also be appropriate to e riate to refer to Section 3(2)(va) of the SC/ST Act, T Act, which reads as under:- “commits any offence specif pecified in the Schedule, against inst a person or property, knowing t ing that such person is a member of er of a Scheduled Caste or a Schedule eduled Tribe or such property belong elongs to such member, shall be pun punishable with such punishment a ent as specified under the Indian Pe n Penal Code (45 of 1860) for suc r such offences and shall also be liab liable to fine;” GURBACHAN SINGH 2026.04.21 15:30 I attest to the accuracy and integrity of this document CRA-S-384 384-2026 9- -9

7. Factual aspects of the case le case leading to the lodging of the FI the FIR have alread already been noted in para 2 of this of this order. Allegations levelled b elled by complainan lainant, who is the mother of the juv the juvenile, who was assaulted, stand , stands corroborate borated with the medico legal report ( eport (Annexure R-1 appended with th with the status repo s report), prepared by the doctor of a r of a Government Hospital. Multip ultiple injuries on ies on the person of young lad cannot b annot be said to be self-inflicted. At th . At this stage there there being nothing on record f MLR. ord to doubt the veracity of MLR Allegations ations levelled against the appellant ellant make out a prima facie case fo case for commission ission of offence punishable unde under the SC/ST Act against him st him. Provisions isions of Section 18 of the SC/ST Act T Act are applicable to the fact situatio ituation of the case e case in hand. As such, no case for se for grant of anticipatory bail is mad is made out in favo n favour of the appellant, whose cus se custodial interrogation is needed eded to know the w the whereabouts of the other accus accused, who have till date not bee ot been arrested, to ted, to recover the weapon of offenc offence as also to throw light on th t on the intricacies i acies involved in the case.

8. In view of discussions made made hereinabove, the Court is of th s of the opinion tha ion that Appellant has not been able t able to make out a case of exception eptional depravity/h avity/hardship in his favour, entitling titling him for the grant of this ext is extra ordinary re ary relief of pre-arrest bail.

10. The appeal being devoid of me of merit, is hereby dismissed. Pending application (s), if any, ny, also stands disposed of. .2026

30.03.2026 (AARADHNA SAWHNEY) NEY) JUDGE Whether Speaking/reasoned Whether Reportable : : Yes/No Yes/No GURBACHAN SINGH 2026.04.21 15:30 I attest to the accuracy and integrity of this document