Gourav Goel v. State Of Punjab And ANR
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Present appeal has been filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 read with Sections 482 and 528 BNSS, against the judgment dated 18.4.2025 passed by the Additional Sessions Judge, Jalandhar, whereby the application for grant of anticipatory bail to the appellant in % & '% (
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%& 1%$ "21 3 "!0 4.4.2025 221 and 296 of Bharatiya Nyaya Sanhita, 2023 and section 3 (1) (s) of SC & ST Act Division No.3 Jalandhar
# ) #*+,#+#- . . 5Present appeal has been filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'SC & ST Act') against the judgment dated 18.4.2025 passed by the Additional Sessions Judge, Jalandhar, whereby the application for grant of anticipatory bail to the appellant in FIR No.26 dated 4.4.2025 under Sections 221 and 296 of Bharatiya Nyaya Sanhita, 2023 and section 3 (1) (s) of SC & ST Act, registered at Police Station Division No.3, District Jalandhar, has been dismissed.
Inter alia, contends that the appellant has been falsely implicated into the FIR in question, there is no material much less tangible material to indicate that the appellant ever knew beforehand that the complainant was a member of the Scheduled Caste Community & the appellant is willing to join investigation and cooperate therein. To buttress his arguments, learned counsel for the appellant has relied upon the dicta of the judgment of this Court in 'Arvind v.
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(%5 Notice of motion.
On the strength of advance notice; Mr. Amit Shukla, AAG, Punjab accepts notice on behalf of respondent no.1/State. At this stage, Mr. J.S. Lalli, advocate has entered appearance on behalf of respondent no.2-complainant by filing his power of attorney. The same be kept on record. Learned State counsel as also learned counsel for the complainant have vehemently opposed the prayer of anticipatory bail made at behest of the appellant. Adjourned to 23.5.2025.
The appellant is directed to appear before the Investigating Officer on 5.5.2025 at 11:00 A.M. in concerned Police Station and join investigation. In the event of arrest, the appellant shall be released on interim bail subject to his furnishing personal/surety bond(s) to the satisfaction of the Arresting Officer/Investigating Officer. As and when further called by Investigating Officer, the appellant shall join the investigation. He shall abide by the condition(s) enumerated under Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023./ 0 !
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'Arvind v. State of Haryana and another, 2024
(2) RCR(Criminal) 771'.
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: In fact, issue which has been argued and already noticed by this Court, also requires to be adjudicated before the Court examining the issue whether the provisions of SC/ST Act could be attracted or not in the absence of any such knowledge to the appellant. Since the has joined the investigation and his custodial interrogation is no more required, present appeal is allowed and judgment dated 18.4.2025 passed by the Additional Sessions Judge, Jalandhar, dismissing the anticipatory bail of the appellant is set aside and ad-interim order dated 28.04.2025 passed by this Court is hereby made absolute.
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