Baldev Singh And Another vs State Of Haryana

Arvind Singh Sangwan, J

Prayer in this petition is for grant of anticipatory bail to the petitioners in FIR No.119 dated 22.06.2021 registered under Sections 295, 504, 506 IPC

and 3(1)(S) of the SC/ST Act at Police Station Radaur, District Yamuna Nagar.

Learned counsel for the petitioners relies upon order dated 12.07.2021 passed in CRM-M-26436-2021, vide which co-accused of the petitioners,

namely Mewa Singh and Hardayal Singh, have already been granted concession of anticipatory bail by this Court. The operative part of the order

reads as under:

Counsel for the petitioners has argued that as per the allegations in the FIR, registered at the instance of the complainant Karamjeet Singh, on

14.06.2014 he along with other persons was organizing a chabeel by offering drinking water on the eve of Guru Purab.

Thereafter, the accused persons came there and started abusing them by the name of their caste. It is further stated in the FIR that the accused

persons have hurt the religious sentiments as well as insulted them by the name of their caste. It is further submitted that as per the allegations in the

FIR itself, after the occurrence, there was talk of compromise in the village and the FIR was registered after a gap of 09 days which gives ample time

to the complainant to level the allegations against the persons he wanted.

Counsel for the petitioners has further submitted that even from the petitioners' side, a complaint has been given to the police which is pending

investigation and there is a civil litigation in the shape of permanent injunction pending before the Civil Court wherein the allegation is that the

complainant's side want to encroach upon the abadi land for the purpose of raising some construction and an order of stay has been granted.

Notice of motion.

Mr. Deepak Grewal, DAG, Haryana who is present in the Court accepts notice on behalf of the respondent - State while Mr. Parminder Pal Singh,

Advocate has appeared on behalf of the complainant.

Counsel for the State has argued that Section 295 IPC stands deleted during the course of investigation by the Deputy Superintendent of Police on

09.07.2021.

Counsel for the complainant has submitted that the complainant's side was abused in public by the name of their caste and therefore, the offence

under Section 3 (1)(S) of the SC/ST Act is made out.

After hearing the counsel for the parties, considering the fact that there is a delay of 09 days in registration of the FIR and it is own case of the

complainant that in the intervening period, there were talks of compromise going on between the parties and also in view of the fact that civil suits are

pending inter se parties with the allegations that the complainant's side is trying to encroach upon the abadi land, I deem it appropriate to grant the

concession of anticipatory bail to the petitioners.

Accordingly, the present petition is allowed and the petitioners are directed to appear before the Investigating Officer within a period of 10 days to join

investigation and they shall be released on interim bail on furnishing bail/surety bonds subject to the following conditions:- 1. They shall make

themselves available for interrogation by a police officer as and when required; 2. They shall not directly or indirectly make any inducement, threat or

promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and

They shall not leave India without previous permission of the Court. Disposed of.

Learned counsel for the petitioners further submits that role of the present petitioners is identical to that of aforesaid co-accused, who have already

been granted concession of anticipatory bail.

Notice of motion.

Mr. Deepak Kumar Grewal, DAG, Haryana, who is also appearing through video conferencing, accepts notice on behalf of the respondent-STate and

could not dispute the factual position as well as the observations recorded in the aforesaid order.

After hearing learned counsel for the parties, without comenting anything on the merits of the case, considering the aforesaid facts and circumstnaces,

the present petition is allowed. The petitioner are granted concession of anticipatory bail, subject to the conditions envisaged under Section 438(2)

Cr.P.C.

However, it will be open for the Investigating Officer to call upon the petitioners to join investigation, if so required, by issuing them a written notice in

this regard.