LAWS(P&H)-2021-5-73

SATISH KUMAR Vs. STATE OF HARYANA

Decided On May 27, 2021
SATISH KUMAR Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) Case taken up through video conferencing.

(2.) This petition for pre-arrest bail has been filed by petitioner Satish Kumar, an accused in FIR No.0017 dtd. 6/2/2021, for an offence under Sec. 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act') and Ss. 186, 323, 342, 506 IPC), registered with Police Station Jakhal, District Fatehabad.

(3.) Briefly stated facts of the case as per prosecution story are that, criminal machinery in this case was set into motion by complainant Sh. Neer Kumar, Headmaster, Govt. Middle School, Talwara, who in the written complaint submitted by him to the police narrated that he belongs to the Scheduled Caste category and during the Corona period, he had asked all the teacher working in the school including Satish Kumar (present petitioner) to fill up the admission forms of the children; on 3/2/2021, he told Satish Kumar that admission forms of his students had not been filled up, upon which the petitioner/accused got enraged caught hold of complainant from his neck/collar and gave a slap to him, stating that people like him would not work and work is to be done by the persons who belong to Scheduled Caste category like the complainant; he further stated that he had seen many persons like complainant and he would further see as to what harm could be caused to him by the complainant; inter alia in the complaint, the complainant submitted that he had called for an explanation from Satish Kumar but the latter refused to note down the order calling explanation and that after school hours at about 1.30 PM, when the complainant came to his office, then Satish Kumar caught hold of complainant from his neck/collar and gave beatings to him, threatening to kill him, stating that he knew as to what was caste of the complainant, his status and he passed castiest remarks and threatened the complainant; he illegally confined the complainant; on hearing noises, various staff members reached there and intervened and pacified the matter; on receipt of such complaint, formal FIR was recorded; the investigation in the case started.