Himachal Pradesh HC Allows Bail of the Petitioner Accused of Calling Casteist Slurs

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In the present case of Karan Thakur vs State of Himachal Pradesh, the petitioner was allegedly accused of caste discrimination due to which an FIR was filed against him by the respondents under Sections 3(1)(S) of ST/SC Act and 341 and 506 of Indian Penal Code. Based on the FIR, the petitioner was arrested. Subsequently, a bail petition was filed, which the Court allowed. The Coram constituted Ms Justice Jyotsna Rewal Dua.

Facts of the Case

As per the petitioner, a mother along with her son has accused the petitioner of practising caste discrimination with them. The complainant has accused the petitioner of calling slurs and insulting their caste after an argument happened between them. The complainant states that while she was travelling with her son, the petitioner’s vehicle was moving ahead of them. The complainant’s son horned to signal the vehicle ahead to give space to them so they could move ahead. But, the petitioner instead of giving them spaced stopped the vehicle, came out and started arguing with them and started insulting their caste. He also intimidated and threatened them. 

Consequently, the complainant filed an FIR under sections 3(1)(S) of ST/SC Act and 341 and 506  of the Indian Penal Code respectively against the petitioner’s said actions and the petitioner were arrested.

Subsequently, he filed a bail petition.

The petitioner has got interim protection earlier under this case and has been out since.

Arguments before the court

It had been summited that the custody of the petitioner in the facts and circumstances of the case is unnecessary. Also, the petitioner does not have any previous criminal antecedents. Moreover, he has accompanied the investigation while being out on interim protection.

Court’s Observation 

Based on the aforesaid statements of the petitioner and the status report, the petitioner can be enlarged on bail. 

Court’s Judgement 

They held the case to be fit for bail and allowed the petition. Further, it was held that the bail of the petitioner could be terminated if the Court finds any valid reason to do so. 


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