MANDEEP Vs. STATE OF HARYANA

JUDGEMENT

(1.) The matter has been taken up through Videoconferencing on account of outbreak of pandemic COVID-19. In compliance with orders dtd. 26/10/2020, the State has placed on record reply by way of affidavit of Sh. Ashok Kumar, HPS, Deputy Superintendent of Police, Headquarters, Hisar.

(2.) The allegations against the petitioner in this first anticipatory bail under Sec. 482 read with Sec. 438 Cr.P.C. in case FIR No. 450 dtd. 15/6/2020, under Sec. 3(i)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station HTM, Hisar are as follows:-

(3.) Learned counsel for the petitioner inter-alia contends that the petitioner has merely danced on the tune of the song and neither is the author/composer nor did any act to hurt the feelings of the caste in question and that nothing is to be recovered. The learned State counsel does not displaces the factual position but has strongly opposed the bail on the grounds that under the mandatory provisions of SC/ST Act, no anticipatory bail can be granted to the accused-petitioner.