Uttarakhand High Court
BA1/308/2023 on 20 June, 2025
2025:UHC:5219
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
BA1 No.308 of 2023
with
BA1 No.337 of 2023
Hon'ble Alok Mahra, J.
Mrs. Pushpa Joshi and Mr. Rajendra
Dobhal, Senior Advocate, assisted by Ms.
Chetna Latwal and Mr. Shubhang Dobhal,
Advocates for the applicants.
Mr. Deepak Bisht, Deputy Advocate
General for the State of Uttarakhand.
Mrs. Gyan Mati Kushwaha, Advocate,
holding brief of Mr. Vikas Anand, Advocate
for respondent no.2.
2. These first bail applications have been
moved by the applicants, seeking regular
bail in Case Crime/F.I.R. No.40 of 2023,
under Section 427, 447, 504, 506, 120-B of
I.P.C. and Section 3(1)(g), 3(1)(dha) of
S.C./S.T. Act, registered at Police Station
Kankhal, District Haridwar.
3. According to the F.I.R., there is a
dispute between the parties regarding a
piece of land in Khasra No.305, situate at
Devpura, Mustagam, Jagjeetpur. The
complainant has alleged that he is
possession of the said piece of land since
2006; that applicants were trying to illegally
occupy the said piece of land; that he got
the land demarcated from the concerned
Revenue Inspector (Patwari), but despite
this fact, on 29.01.2023, when complainant
went to the spot, then the applicants got
removed the construction of the
complainant by the J.C.B. and, when he
resisted, the applicants hurled caste specific
abuses to him and threatened him of dire
consequences.
4. It is contended by learned Senior
Counsel for the applicants that applicants
2025:UHC:5219
have falsely been implicated in the instant
crime and are languishing in jail since long.
Learned Senior Counsel for the applicants
submits that there is no independent
witness of the alleged incident; that the
dispute is of civil nature and just to
pressurize the applicants, F.I.R. has been
lodged against them; that in case, the
applicants are granted bail, they will not
misuse the same and will furnish the bail
surety as per the satisfaction of this Court.
5. Learned State Counsel vehemently
opposed the bail application and submits
that on the basis of oral as well as
documentary evidence, the Investigating
Officer found cogent and credible evidence
against the applicants, therefore, they are
not entitled to bail.
6. A Co-ordinate Bench of this Court vide
order dated 28.02.2023 had granted interim
bail to the applicant. A bare perusal of the
F.I.R. would reveal that dispute is regarding
a piece of land. Since the dispute is
regarding possession of land and any
dispute arising on account of possession of
the property would not disclose an offence
under the Act unless the victim is abused,
intimidated or harassed only for the reason
that he/she belongs to Scheduled Caste or
Scheduled Tribe.
7. Hon’ble Supreme Court in the case of
“Hitesh Verma Vs. State of Uttarakhand &
another“, reported in (2020) 10 SCC 710,
has held that offence under the Act is not
established merely on the fact that the
informant is a member of Scheduled Caste
unless there is an intention to humiliate a
member of Scheduled Caste or Scheduled
Tribe for the reason that the victim belongs
to such caste. The parties are litigating over
possession of the land. The allegation of
hurling of abuses is against a person who
claims title over the property.
2025:UHC:5219
8. Considering the submission of learned
counsel for the parties and without
expressing any opinion as to the final merits
of the case, this Court is of the view that
applicants deserve bail at this stage.
9. The bail applications are allowed.
10. Let the applicants, namely, Apurav
Walia and Updesh Chaudhary be released on
bail, on executing personal bond by each
one of them and furnishing two reliable
sureties by each one of them, each of like
amount, to the satisfaction of Court
concerned.
(Alok Mahra, J.)
20.06.2025
Arpan
ARPAN
Digitally signed by ARPAN JAISWAL
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ou=HIGH COURT OF UTTARAKHAND,
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5e3a20dddb7393398f9fe45ba3e, postalCode=263001,
JAISWAL
st=UTTARAKHAND,
serialNumber=060FC17022BEAE3DE215D68D9D454C
5109CB987446351E4DF04AADAA2C2CEA66,
cn=ARPAN JAISWAL
Date: 2025.06.23 09:52:56 +05’30’