High Court · 2025

Mrs. Pushpa Joshi and Mr . Raj endra Dobhal, Senior Advocat e, assist ed by Ms. Chet na Lat wal and Mr . Shubhang Dobhal, Advocat es for t he applicant s. Mr. Deepak Bisht , Deput y Advocat e General for t he St at e of Ut t arakhand. Mrs. Gyan Mat i Kushwaha, Advocat e, holding brief of Mr. Vikas Anand, Advocat e for respondent no.2. These fir st bail applicat ions have been 2. m oved by t he applicant s, seeking regular bail in Case Crim e/ F.I .R. No.40 of 2023, under Sect ion 427, 447, 504, 506, 120- B of I .P.C. and Sect ion 3( 1) ( g) , 3( 1) ( dha) of S.C./ S.T. Act , r egist er ed at Police St at ion Kankhal, Dist rict Haridwar. t o t here alleged According t he F.I .R., Jagj eet pur. t hat

3. is a disput e bet ween t he part ies regarding a piece of land in Khasra No.305, sit uat e at The Dev pur a, Must agam , com plainant possession of t he said piece of land since 2006; t hat applicant s w ere t rying t o illegally occupy t he said piece of land; t hat he got t he land dem arcat ed from t he concerned Rev enue I nspect or ( Pat wari) , but despit e t his fact , on 29.01.2023, w hen com plainant went t o t he spot , t hen t he applicant s got rem ov ed t he com plainant by t he J.C.B. and, when he resist ed, t he applicant s hurled cast e specific abuses t o him and t hreat ened him of dire consequences. const r uct ion t he I t

4. learned Senior Counsel for t he applicant s t hat applicant s is cont ended by t hat t here is no have falsely been im plicat ed in t he inst ant crim e and ar e languishing in j ail since long. Lear ned Senior Counsel for t he applicant s subm it s independent wit ness of t he alleged incident ; t hat t he disput e t o is of civil nat ure and pressurize t he applicant s, F.I .R. has been t he lodged against applicant s are gr ant ed bail, t hey will not m isuse t he sam e and will furnish t he bail sur et y as per t he sat isfact ion of t his Court . in case, t hem ; t hat j ust

5. Lear ned St at e Counsel vehem ent ly opposed t he bail applicat ion and subm it s t he basis of oral as well as t hat on docum ent ary evidence, I nv est igat ing t he Officer found cogent and credible evidence against t he applicant s, t her efore, t hey ar e not ent it led t o bail. land.

6. A Co- ordinat e Bench of t his Court vide order dat ed 28.02.2023 had grant ed int erim bail t o t he applicant . A bar e perusal of t he F.I .R. would rev eal t hat disput e is r egarding a piece of Since t he disput e regarding possession of land and any disput e arising on account of possession of t he propert y would not disclose an offence under t he Act unless t he vict im is abused, int im idat ed or har assed only for t he reason t hat he/ she belongs t o Scheduled Cast e or Scheduled Tribe. t he

7. Hon’ble Supr em e Court in t he case of “ Hit esh Verm a Vs. St at e of Ut t arakhand & anot her” , r eport ed in ( 2020) 10 SCC 710, has held t hat offence under t he Act is not est ablished m er ely on t he inform ant is a m em ber of Scheduled Cast e unless t her e is an int ent ion t o hum iliat e a m em ber of Scheduled Cast e or Scheduled Tribe for t he reason t hat t he vict im belongs t o such cast e. The part ies are lit igat ing over possession of t he land. The allegat ion of hurling of abuses is against a per son who claim s t it le over t he propert y . t hat Considering t he subm ission of lear ned 8. counsel t he part ies and wit hout expr essing any opinion as t o t he final m erit s of t he case, t his Court is of t he view t hat applicant s deserv e bail at t his st age.

9. The bail applicat ions ar e allow ed.

10. Let t he applicant s, nam ely, Apurav Walia and Updesh Chaudhary be released on bail, on ex ecut ing personal bond by each one of t hem and fur nishing t wo reliable sur et ies by each one of t hem , each of like t he sat isfact ion of Court am ount , concer ned. t o ( A l o k M a h r a , J.) 20.06.2025 Arpan ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c048536544 5e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C 5109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL