RAJ KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order of mine shall dispose of the above 3 appeals filed under Sec. 14-A of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 read with Sec. 439(2) Cr.P.C. for setting aside/cancellation of impugned orders dtd. 26/11/2019, 7/1/2020 and 14/12/2019 passed by learned Additional Sessions Judge (Exclusive Court), Kurukshetra, vide which pre-arrest bail has been granted to accused persons/ private respondents in FIR No. 143 dtd. 22/8/2019 registered under Ss. 149, 506 of IPC and 3(1) (t) , 3(1)(zc) of SC and ST Act at Police Station Babain, District Kurukshetra.

(2.) As factual matrix and application of law in all these cases is similar as they all arise from FIR No. 143 dtd. 22/8/2019, they are being discussed together. For the sake of convenience facts are being taken from CRA-S-374-2020.

(3.) Briefly stated the facts of the case are that complainants/ appellants got recorded the FIR with the allegations that they belong to scheduled caste community and are in possession of 11 marlas of land since the time of their ancestors; on 5/4/2019, they installed the statue of Baba Sant Ravidass and flag of Dr. Bhim Rao Ambedkar with customary rituals; since then the religious ceremonies were performed from time to time but the accused, who do not belong to scheduled caste were having an evil eye on the said land and they wanted to forcibly usurp the same; in order to grab the same forcibly land and to injure the sentiments of appellants, they threw away the flag and attempted to occupy the said land. Therefore, an application was moved by the appellants to SHO, Police Station, Babainm but the accused in order to save themselves from legal action, compromised and the statue of Sant Ravidass and flag of Dr. Bhim Rao Ambedkar were re-installed. Thereafter, appellants filed a civil suit against the accused. On 10/5/2019, learned trial court ordered to maintain the status quo and thereafter, on 26/5/2019, the accused persons again uprooted the flag of Dr. Bhim Rao Ambedkar and as such, another application was moved to SHO,Police Station Babain but he did not take any action against the accused persons; and that on 21/7/2019, the accused persons after hatching a conspiracy, stole the flag and as such, an application was again moved to the police, but all efforts proved futile and that the accused persons boycotted the complainant and their community and stopped them from going into their fields. Copy of complaint in this regard was sent to CM window and in pursuance of which FIR No. 143 dtd. 22/8/2019 under Ss. 149, 506 of IPC and 3(1) (t) , 3(1) (zc) of SC and ST Act was registered at Police Station Babain, District Kurukshetra.