1. Aggrieved of order dated 21.01.2026 passed by learned Principal Sessions
Judge (Special Judge) Bhadewah [“the trial Court”], vide which, her application
for pre-arrest bail came to be dismissed, petitioner has preferred this composite
petition under Section 528 BNSS read with Section 14A(2) of the Scheduled
Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989 [hereinafter
referred to as ‘SC/ST Act’].
2. An overview of the prosecution case is that on 09.01.2026, respondent
No.2, [“the complainant”] at about 1700 hours, lodged a written report with
Police Station, Doda, for registration of FIR against the petitioner, a member of
District Development Council Kastigarh and her sons for the commission of
cognizable offences during a public function. It was alleged that on 08.01.2026,
during the inauguration of a road at Kastigarh, where MLA Doda, DDC
Chairman and DDC vice Chairperson were present as Chief Dignitaries, sons of
the petitioner with her connivance and connivance of their supporters, in
furtherance of common criminal intention and without any provocation, attacked
the complainant and others present at the venue. They indulged in physical
violence, use of criminal force, intimidation and threats thereby disturbing public
order and creating panic and chaos in the public function. Petitioner, Santosha
Devi was armed with a sharp edged weapon, a scissor, with which she inflicted
injuries upon the complainant party thereby endangering their lives. Complainant
was brutally assaulted and he sustained injuries.
