Akshay Thakur vs State Of Himachal Pradesh

Vivek Singh Thakur, J

Present petition has been filed under Section 439 Cr.P.C. seeking regular bail in case FIR No. 224 of 2021, dated 10.12.2021, registered under

Sections 341, 323, 354, 382, 201 and 307 of Indian Penal Code (in short ‘IPC’) and Section 3 of Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities Act), 1989, (in short SC&ST Act) in Police Station Dhalli, District Shimla HP.

2 Status report stands filed.

Learned Additional Advocate General has informed that respondent/Investigating Officer has complied with provisions of Section 15A of SC&ST

Act and order dated 12th October, 2021 passed by the Supreme Court in Cr. Appeal No. 1278 of 2021. As a matter of fact, complainant was also

present in Court on 24th December, 2021.

4 In the status report, it is stated that complainant had approached the police on 10.12.2021 with an application in Police Station Dhalli, stating therein

that on 10.12.2021 when she was returning home from college at about 3.30 PM, the petitioner, near Halipad Chalonthi at place Tila, had restrained

her path and hit her head with iron rod by pushing and throwing her in the bushes causing injuries in her eye, arm and back. On the basis of aforesaid

statement, a case under Sections 341 and 323 IPC was registered.

Complainant was medically examined and all injuries were found to be simple in nature caused by blunt weapon.

On 11.12.2021, further statement was made by the complainant that petitioner had fled away from spot after snatching her mobile and college bag

whereupon Section 382 IPC was incorporated in the case.

7 It is further stated in status report that application dated 15.12.2021 submitted by complainant to the Superintendent of Police, Shimla was received

in Police Station, stating therein that petitioner, at a lonely place, had started teasing her and behaving indecently and on resistance by complainant, he

had hit her head with iron rod and danda and had pushed her in bushes. After snatching her mobile phone and college bag, petitioner had fled away

from spot. It is was also stated in this communication/complaint that petitioner belongs to a high caste, whereas, complainant belongs to Scheduled

Caste, whereupon Section 354 IPC and Section 3(2) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was also

incorporated.

8 It is also stated in status report that in the statement of complainant recorded under Section 164 Cr.P.C., she had added that petitioner had pushed

her below the cliff with intention to kill her whereupon Section 307 IPC was also incorporated.

9 During investigation, petitioner has been arrested on 20.12.2021 and he was sent in police custody for three days and 10 Learned Additional

Advocate General has opposed the grant of bail on the ground that petitioner has committed serious offence including an offence under the SC&ST

Act.

11 Learned counsel for petitioner has submitted that initial version of complainant is of simple quarrel, whereas, day by day, complainant is improving

the story and adding something more serious in order to rope/implead the petitioner in false case.

12 Without commenting upon the merits of case, but taking into consideration the aforesaid facts and circumstances and also taking note of the factors

and parameters, as propounded by the Supreme Court and this Court, required to be considered at the time of adjudication of bail application, I am of

the opinion that petitioner may be enlarged on bail in present case, at this stage. Accordingly, the petitioner is ordered to be enlarged on bail, subject to

furnishing personal bond in the sum of Rs.20,000/-with one surety in the like amount to the satisfaction of trial Court within a period of two weeks

from today and also subject to any further condition to be imposed by trial Court for assuring his presence during trial, including the following further

conditions:-

(i) That the petitioner shall make himself available during the investigation as well as trial on each and every date as and when required;

(ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as

to dissuade him/her from disclosing such facts to Court or to any police officer or tamper with the evidence. They shall not, in any manner, try to

overawe or influence or intimidate the prosecution witnesses;

(iii) That the petitioner shall not obstruct the smooth progress of the investigation as well as trial;

(iv) That the petitioner shall not jump over the bail and shall inform, in writing, regarding change of address, land line number and/or mobile number, if

any, in advance, to concerned Police Station;

(v) That the petitioner shall not commit the offence similar to the offence to which they are accused or suspected or the commission of which they are

suspected;

(vi) In the event of repetition of commission of offence, bail granted in present case shall be liable to be cancelled on taking appropriate steps by

prosecution/police;

(vii) That the petitioner shall not leave India without prior permission of Court;

(viii) That petitioner shall not misuse their liberty in any manner.

13 It will be open to the prosecution to apply for imposing any such other or further condition on the petitioners as deemed necessary in the facts and

circumstances of the case and in the interest of justice. It will also be open to the trial Court/Magistrate to impose any other or further condition on the

petitioner as it may deem necessary in the interest of justice.

14 In case the petitioner violates any condition imposed upon him, his bail shall be liable to be cancelled. In such eventuality, prosecution may approach

the competent Court of law for cancellation of bail in accordance with law.

15 Learned trial Court is directed to comply with the directions issued by the High Court, vide communication No. HHC/VIG/Misc.Instructions/93-

IV.7139 dated 18.3.2013.

16 Any observation made in this order shall not affect the merits of case in any manner and will strictly confine for the disposal of this bail application

filed under Section 439 of Code of Criminal Procedure 1973.

17 The petitioner is permitted to produce copy of order downloaded from the High Court website and the trial Court shall not insist for certified copy

of the order, however, they may verify the order from the High Court website or otherwise.

Petitions stand disposed of.

Dasti copy on usual terms.