Keshav and Ors v. State of Haryana and Anr

CRA-S-3308-2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRA-S-3308-2024 Reserved on: 17.02.2025 Pronounced on: 28.02.2025 Keshav and others ... Appellants Versus State of Haryana and another …Respondents CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Baljeet Beniwal, Advocate, for the appellants. Mr. Aashish Bishnoi, DAG, Haryana. Ms. Gursimran Walia, Advocate, for respondents No.2 and 3. **** FIR No. Dated Police Station Sections

28.07.2024 Chandhut, Disti. Palwal (Haryana) 115, 190, 191(3), 287, 351(3) of BNS, 2023 and Sec6on 25 of Arms Act and Sec6on 3 of the SC/ST Act, 1989 (amendment 2015) Aggrieved by the dismissal of their bail under sec6on 482 BNSS, 2023, the accused has come up before this court by filing an appeal under sec6on 14-A of Scheduled Caste & Scheduled Tribes (Preven6on of Atroci6es) Act, 1989, (SCSTPOA), seeking an6cipatory bail.

¶2The appellants had filed a bail applica6on before the Addi6onal Sessions Judge, Palwal which was dismissed on 24.09.2024.

¶3In Prathvi Raj v. Union of India, 2020:INSC:157 [Para 10], AIR 2020 SC 1036, a three-judge bench of Supreme Court read down S. 18 by declaring as follows, [10]. Concerning the applicability of provisions of sec6on 438 Cr.PC, it shall not apply to the cases under Act of 1989. However, if the complaint does not make out a prima facie case for applicability of the provisions of the Act of 1989, the bar created by sec6on 18 and 18A (i) shall not apply.

¶4In paragraph 10 of the grounds of appeal, the accused declare that they have no criminal antecedents. However, as per paragraph 9 of the status report, the appellants CRA-S-3308-2024 2 No.2-Krishan and 5-Rohit have the following antecedents: Sr. No. FIR No. Dated Offenses Police Station Against Appellant No.2-Krishan

¶1213 31.05.202 148, 149, 323, 307, 34 IPC Chandhut, Palwal 3 and 25 of Arms Act Against Appellant No.5-Rohit

¶1161 2023 61 of Excise Act Chandhut, Palwal

¶5The facts of the case are being taken from translated copy of FIR (Annexure A-1), which reads as follows: "To SHO, Police Staton Chandhat, Palwal, Subject: Three Kavadias, boys of Jatav community, who had gone to Haridwar to take Kavad, were beaten with stcks and the driver of the vehicle and the entre community were abused with caste-specific language and threatened to kill with the intenton of killing them from vehicle no. HR 26 CN 3381 120. Sir, it is humbly requested that I am Rakesh son of Raj Kumar, caste Jatav, a permanent resident of village Misa, district Palwal. I and my companions were gathering near our temple to take Kavad on 27.07.2024 at around 8 o'clock, at the same tme Krishna son of Guddu, caste Jat, came to us with his 3-4 companions and were asking us to come with us, but we refused saying that brother, our companions are all there. So he went away from there. A8er a while, Krishna son of Guddu Sarpanch along with his uncle's sons, Keshav son of Jagbir, Saurav son of Shyamveer, Karambir son of Sukhram (Murkhi), Rohit son of Dharm Fauji and some other boys came on bikes and cars a8er making a plan. They a=acked me and my companions with stcks and rods in their hands. In which, Krishna son of Guddu caste Jat, started hi>ng my legs with the stck in his hand and hit me on the head due to which both my legs broke and I got serious head injury. Satveer son of Hukam Singh was beaten with a stck by Keshav son of Jagveer who got injuries on the face. Saurav, Karambir, Rohit all of them belong to Jat caste. They a=acked our companions with stcks and rods saying, "Dhed-Chamara, we will send you for the Kavad; you people have no right to bring the Kavad." A8er that, Krishna son of Guddu and his companions sat in the car, then they ran their car no. HR 26 C N3381 over me with the intenton of killing me. They had weapons in their hands and they also fired bullets. I fell unconscious on the spot as the car ran over me. These people thought that I was dead. Leaving their red colored car, they broke it with stcks and on hearing the noise many people of the society gathered there and these people fled from there. Sir, these people are goons. Even while leaving from there, these people used caste-specific CRA-S-3308-2024 3 abuses like "Chamara, you people, we will see you, we will kill you". Hence, it is requested to you that strictest legal acton be taken against the culprits. You will be highly grateful. Thank you. SD/ Rakesh Applicant Rakesh son of Rajkumar, resident of Misa."

¶6The allega6ons are abusing the people belonging to the scheduled castes by using the derogatory words prohibited under the Scheduled Caste & Scheduled Tribes (Preven6on of Atroci6es) Act, 1989 (SCSTPOA).

¶7The appellants' counsel prays for bail by imposing any stringent condi6ons and contends that further pre-trial incarcera6on would cause an irreversible injus6ce to the pe66oners and their family.

¶8State opposes the bail and refers to the status report.

¶9It would be appropriate to refer to the following por6ons of the status report, which read as follows: "7. That the appellants are named in FIR and there are specific allegatons against the appellant Keshav and Krishan of causing injuries to the injured Satbir and Rakesh respectvely. In support of the allegatons, their MLRs are there on the record. Apart from this, there is collectvely allegaton against all of the appellants of causing injuries to other persons. There is also allegaton against the appellants of using derogatory words. As such, there is enough of oral as well as documentary evidence on record against the appellant. The appellants are required to be arrested.

¶8That it is submi=ed that the country made pistol and DANDA/LATHI are required to be recovered from the appellants. As such, their custodial interrogaton is essental for just and fair investgaton of the case. Thus, the appellants may not be granted concession of antcipatory bail at this stage."

¶10Counsel for respondents No.2 and 3 submits that the matier has been compromised between the par6es and they have no objec6on, in case the present appeal is allowed. REASONING:

¶11On primafacie analysis of the nature of allega6ons and other factors peculiar to this case and a fact that the matier has been compromised between the par6es, there would be no jus6fiability for custodial or pre-trial incarcera6on at this stage. Even a CRA-S-3308-2024 primafacie perusal of paragraphs 4 & 5 of the bail appeal needs considera6on for bail.

¶12The possibility of the accused influencing the inves6ga6on, tampering with evidence, in6mida6ng witnesses, and the likelihood of fleeing jus6ce, can be taken care of by imposing elabora6ve and stringent condi6ons. In Sushila Aggarwal v. State (NCT of Delhi), 2020:INSC:106 [Para 92], (2020) 5 SCC 1, Para 92, the Cons6tu6onal Bench held that unusually, subject to the evidence produced, the Courts can impose restric6ve condi6ons.

¶13Without commen6ng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons men6oned above, the Appellants-Accused make a case for bail.

¶14Given above, provided the Appellants-Accused are not required in any other case, the Appellants-Accused shall be released on bail in the FIR cap6oned above subject to furnishing bonds to the sa6sfac6on of the Arres6ng Officer, and if the matier is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accep6ng the surety, the concerned Officer/Court must be sa6sfied that if the accused fails to appear, such surety can produce the accused.

¶15While furnishing a personal bond, the Appellants-Accused shall men6on the following personal iden6fica6on details:

¶1AADHAR number

¶2Passport number, (If available), when the aties6ng officer/court thinks appropriate or considers the accused as a flight risk.

¶3Mobile number (If available)

¶4E-Mail id (If available)

¶16This order is subject to the Appellant-Accuseds' complying with the following terms. The Appellants-Accused shall abide by all statutory bond condi6ons and appear before the concerned Court(s) on all dates. The Appellants-Accused shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to CRA-S-3308-2024 5

¶17The Appellants-Accused are directed to join the investgaton within seven days of uploading this order on the official webpage of the High Court of Punjab and Haryana and as and when called by the Investgator. The Appellants-Accused shall be in deemed custody for Sec6on 27 of the Indian Evidence Act, 1872/ Sec6on 23 of BSA, 2023. The Appellants-Accused shall join the inves6ga6on as and when called by the Inves6ga6ng Officer or any Superior Officer and shall cooperate with the inves6ga6on at all further stages as required. In the event of failure to do so, the prosecu6on will be open to seeking cancella6on of the bail. During the inves6ga6on, the Appellants-Accused shall not be subjected to third-degree, indecent language, inhuman treatment, etc.

¶18Given the nature of the allega6ons and the other circumstances peculiar to this case, the Appellant-Accused shall not enter the property, workplace, and residence of the vic6m un6l the statements of all non-official and informal witnesses in the trial are recorded. This Court is imposing this condi6on to rule out any atiempt by the accused to incapacitate, influence, or cause any discomfort to the vic6m. Reference be made to Vikram Singh v Central Bureau of Inves6ga6on, 2018 All SCR (Crl.) 458); and Aparna Bhati v. The State of Madhya Pradesh, 2021:INSC:192, 2021 SCC Online SC 230.

¶19If the appellants find the bond amount beyond social and financial reach, it may be brought to the no6ce of this Court for appropriate reduc6on. Further, if the appellants finds bail condi6on(s) as viola6ng fundamental, human, or other rights, or causing difficulty due to any situa6on, then for modifica6on of such term(s), the appellants may file a reasoned applica6on before this Court, and aOer taking cognizance, even to the Court taking cognizance or the trial Court, as the case may be, and such Court shall also be competent to modify or delete any condi6on.

¶20This order does not, in any manner, limit or restrict the rights of the Police or the inves6ga6ng agency from further inves6ga6on as per law.

¶21In case the Inves6gator/Officer-In-Charge of the concerned Police Sta6on arraigns another sec6on of any penal offence in this FIR, and if the new sec6on prescribes maximum sentence which is not greater than the sec6ons men6oned above, then this bail order shall be deemed to have also been passed for the newly added sec6on(s). However, suppose the newly inserted sec6ons prescribe a sentence exceeding the maximum sentence prescribed in the sec6ons men6oned above, then, in that case, the Inves6gator/Officer-In-Charge shall give the appellants no6ce of a minimum of seven days providing an opportunity to avail the remedies available in law.

¶22It is clarified that if the Appellants-Accused violate any bail condi6on, the State CRA-S-3308-2024 6 and/or the vic6m may file an applica6on for bail cancella6on before the trial court, which shall be competent to cancel the bail or add more condi6ons. Furthermore, if the Appellants-Accused move for dele6on or dilu6on of any bail condi6ons, the trial court is empowered to do so.

¶23This bail is conditonal, and the foundatonal conditon is that if the Appellants-Accused indulges in any non-bailable offense, the State may file an applicaton for cancellaton of this bail before the Sessions Court, which shall have the liberty to cancel this bail.

¶24Any observa6on made hereinabove is neither an expression of opinion on the merits of the case nor shall the trial Court advert to these comments.

¶25In return for the protec6on from incarcera6on, the Court believes that the accused shall also reciprocate through desirable behavior.

¶26A cer6fied copy of this order would not be needed for furnishing bonds, and any Advocate for the Appellant-Accused can download this order along with case status from the official web page of this Court and atiest it to be a true copy. If the aties6ng officer wants to verify its authen6city, such an officer can also verify its authen6city and may download and use the downloaded copy for aties6ng bonds. Appeal allowed in aforesaid terms. All pending applica6ons, if any, stand disposed. (ANOOP CHITKARA) JUDGE

28.02.2025 Jyo6-II Whether reportable: No.