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District Hisar Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) 1989 (Amendment 2015)

1. Aggrieved by the grant of pre-arrest bail granted to the accused 2nd Respondent by the Additional Sessions Judge, Hisar, under Section 438 CrPC, 1973, for the offenses including under the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989, [SCSTPOA], the victim has come up before this court under Section 439(2) of CrPC, by filing an appeal under section 14-A of SCSTPOA, seeking cancellation of the bail.

2. The facts and allegations are being taken from the reply filed by the State, which reads as follows:

"2. That brief facts of the case are that on 21.8.2023 an information was received from MHC P.S. Azad Nagar, Hisar that Jajbaat son of Jagram resident of Virat Nagar, Azad Nagar, Hisar is admitted in GH, Hisar due to injuries sustained in fight. In pursuance of which SI Ramesh Kumar reached GH, Hisar and after obtaining ruga and MLR of injured, moved an application for recording statement of injured, upon which doctor declared him fit for statement, and thereafter, statement of appellant was recorded in which it was alleged that I am resident of above noted address and 19 years old and studying in B.A.ll year. On 21.8.2023 he was going 1 of 6 Neutral Citation No:=2024:PHHC:128133 CRA-S-2301-2024 from Arya Nagar, from bank canal to his house at Virat Nagar on his motorcycle. On the way Ronit caste Jat resident of Scholar colony and Nakul Sharma resident of Azad Nagar, Hisar met me and they were consuming liquor. It was alleged that both of them stopped the complainant and asked me to take back the case which was registered against Lucky Sunar and Vikas Malik and simultaneously given 2-3 slap blows. Thereafter, complainant reached his house on his motorcycle. Thereafter, at about 1:45 PM Ronit and Nakul came to the house of complainant after calling him. It was alleged that Ronit was carrying danda in his hand and Nakul was carrying iron rod in his hand. It was alleged that both of them started beating him and given caste abusive words by saying "Dhed, Kamin and Dhanak". It was also alleged that Nakul gave rod blow on the left foot of the injured/complainant and Ronit gave danda blow on the left side of head and both of them given beating to the complainant. It was also stated that when mother and brother of complainant came, then both of them had gone from the house of complainant by saying that today you are spared and next time when you meet alone you will be killed. The motive behind alleged incident is that my brother Jamir got 8 registered case FIR No. 418 dated 12.6.2023 at P.S. Azad Nagar, Hisar for which today they have given beating to create pressure for settlement in the said case. It was also stated that the complainant belong to Dhanak community and strict legal action should be taken against Ronit and Nakul. It was also stated that his father Jagram took him to GH, Hisar for treatment, it was also stated that accused Ronit and Nakul came on Splendor motorcycle and they fled after said incident on same motorcycle."
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6. The State's counsel opposes bail and refers to the reply.

7. It would be appropriate to refer to the following portions of the reply, which read as follows:

"4. That after registration of the case, as the offences being committed under SC & ST Act, the investigation of the case was conducted by Sh. Vinod Shankar, HPS, Dy. Superintendent of Police, Headquarter, Hisar, who during the investigation of the case visited the place of occurrence and prepared rough site plan and recorded the statement of witnesses. During the investigation of the case, caste certificate of the appellant was taken in possession on 04.9.2023. It is pertinent to mention here that the complainant/appellant also produced one pen drive before the investigating officer, which was taken in possession vide recovery memo dated 13.9.2023 along with certificate under section 65-B Indian Evidence Act.
6. That during the investigation, due to transfer of Vinod Shankar, HPS, the case file was transferred to the answering deponent in pursuance of the order No. 8732-39 dated 23.2.2024 passed by Superintendent of Police, Hisar. It is pertinent to mention here that accused/respondent No.2 Ronit moved an application before the Hon'ble Court of Session, Hisar from where he was given benefit of interim bail vide order dated 23.5.2024, in pursuance of which on 28.5.2024 respondent No.2 Ronit was joined in investigation of the present case. It is pertinent to mention here that the respondent No.2 during interrogation got recovered one motorcycle bearing registration No. HR86A-7040 along with its original registration certificate as well as one wooden danda, which were used in the alleged occurrence and all the recovered articles were taken in possession vide recovery memo dated 28.5.2024. During interrogation respondent No.2 also got his disclosure statement recorded and identified the place of occurrence. It is further pertinent to mention here that the respondent No.2 was juvenile at the time of alleged occurrence as revealed 3 of 6 Neutral Citation No:=2024:PHHC:128133 CRA-S-2301-2024 from the school record, according to which the date of birth of the respondent No.2 is 05.1.2006."