In a dispute over land and a petrol pump, the Court granted bail after finding, prima facie, that the alleged caste insults might not satisfy Sections 3(1)(r) and (s) of the SC/ST Act.
Judge / Bench — Justice Sanjay Dhar
It noted that the complainant did not herself belong to a Scheduled Caste, marriage did not confer that status, and her Scheduled Caste husband was admittedly absent when the alleged remarks were made. The assessment was expressly for bail, leaving investigation open. The connected quashing petition remains pending, and a charge sheet cannot be filed without the Court’s permission. Lawyers should preserve this distinction between a provisional assessment of statutory ingredients and final termination of prosecution.
Case — Devinder Singh and others v. UT of J&K · Bail App. 168/2026 with CRM(M) 801/2026 · 8 October 2026 · Jammu wing
Advocates appearing — Petitioners — Mr. Rahul Pant, Sr. Advocate, with Mr. Aniruddh Sharma, Advocate. Respondent — Mrs. Shazia Asaf, Advocate, vice Mr. P. D. Singh, Dy. AG; Mr. Abhishek Singh Parihar, Advocate.