Punjab and Haryana High Court: An appeal was filed under Section 14-A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (‘SC/ST Act’) challenging the order passed by the Additional Sessions Judge in FIR under Sections 147, 149, 323, 325, 452 and 506 of the Penal Code, 1860 (‘IPC’) and Sections 3(1)(r) and 3(1)(s) of the SC/ST Act, whereby an application for grant of regular bail filed by the accused had been dismissed. A Single Judge Bench of Manisha Batra J. while granting bail to the accused booked under the SC/ST Act, observed that since the accused himself belongs to a deprived Scheduled Caste community, it is questionable whether the provisions of the Act would be applicable in the given circumstances. The Court further noted that the accused had been in custody since June 2025, and that no specific injury had been attributed to him, nor was there any allegation that he carried a specific weapon. Accordingly, it held that no useful purpose would be served by keeping him in continued custody.
Background
In the present case, in April 2024, Respondent 2, a member of Scheduled Caste, was present in the labour room of his factory wherein he had installed a saw machine and was taking a rest. The accused along with few people reached there and opened an assault upon him with sticks, rods and iron pipes. To save himself, he rushed out into the street, but the assailants threw a brick upon him due to which he fell. Thereafter they caused injuries to him with the respective weapons that they were carrying in their hands. The assailants called him in the name of his caste and while insulting him they proclaimed that they would certainly kill him. After assaulting him and considering him to be dead, they fled from the spot. They had also caused injuries to a worker in his factory.
Upon investigation, some accused persons, including the accused herein, were arrested out of which one was a juvenile. CCTV footage capturing the entire incident had also been taken into custody. The accused was charged with voluntarily causing simple as well as grievous injuries to Respondent 2 by criminally trespassing into his premises and also criminally intimidating him. Further, he was also accused of abusing Respondent 2 in the name of his caste.
The accused had moved an application for grant of regular bail which was dismissed by the Court of Additional Sessions Judge. Aggrieved by the same, he filed an appeal before this Court.
The accused contended that the order concerned was not sustainable as the Additional Sessions Judge ignored the fact that there was delay of three days in lodging of the FIR which was not satisfactorily explained. Further, he stated that since the accused himself belonged to the Scheduled Caste community, the provisions of SC/ST Act were not at all attracted against him, but it was also not taken into consideration.
Analysis and Decision
Considering the certificate issued by Additional Deputy Commissioner which showed that the accused belonged to the Khatik caste that had been declared as Deprived Scheduled Caste by the Government of Haryana, the Court stated that the accused was falling under Deprived Scheduled Caste category and as such, it was to be considered if the provisions of SC/ST Act were applicable against him.
The Court allowed the appeal and opined that no useful purpose would be served by keeping him in custody anymore considering the fact that he was in custody from June 2025 even though neither any specific injury was attributed to him nor was any specific weapon alleged to be carried by him at the time of occurrence.
The Court released the accused on bail subject to his furnishing personal as well as surety bonds to the satisfaction of the Trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.
[Rahul Bundela v. State of Haryana, 2025 SCC OnLine P&H 5820, decided on 20-8-2025]
Advocates who appeared in this case:
For the Appellant: Harsh Jain, Advocate
For the Respondents: Himani Arora, DAG, Haryana
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