Amit Modka vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

Petitioner has prayed for grant of regular bail in FIR No.8/2021, registered on 02.02.2021 at Police Station Kotkhai, District Shimla. The FIR has

been registered under Sections 323, 341, 504 and 506 of the Indian Penal Code and Section 3(1)(s) of Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, 1989 (in short ‘SC & ST Act’). The FIR has been registered on the basis of a written complaint lodged by one

Sh. Mukul Rangta. Interim protection was granted to the petitioner vide order dated 08.02.2021 subject to the conditions mentioned therein.

Learned counsel for the petitioner submitted that there is a long drawn enmity between the family of the petitioner and family of the complainant

ever since the mother of the petitioner and mother of the complainant contested elections against each other in the year 2010. He further submitted

that the instant FIR is also the result of that enmity, which has been lodged only to harass the petitioner and his family members. The petitioner has not

committed the offences alleged against him and is innocent. He further submitted that the petitioner will abide by all the terms and conditions, which

may be imposed upon him by this Court in case of confirmation of bail granted to him.

I have gone through the status report placed on record and have noted the submissions made by learned counsel for the petitioner that the petitioner

had complied with the order dated 08.02.2021 and joined the investigations on 09.02.2021. Status report has not indicated any criminal antecedents of

the petitioner or the fact that the custodial interrogation of the petitioner is required. But for the offences under Section 3(1)(s) of SC & ST Act, all

other offences are bailable. Considering the nature of allegations levelled against the petitioner as well as the fact that the petitioner is a local resident,

whose presence can be secured in the trial, the instant petition is allowed and the interim protection granted to the petitioner vide order dated

08.02.2021 is made absolute subject to following conditions:-

(i). The petitioner shall join and cooperate the investigation of the case as and when called for by the Investigating Officer in accordance with law.

(ii). The petitioner shall not temper with the evidence or hamper the investigation in any manner whatsoever.

(iii). The petitioner shall not leave India without prior permission of the Court.

(iv) . The petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with

the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer.

(v). In case the petitioner is put to trial, then he shall attend the trial on every hearing, unless exempted in accordance with law.

(vi). Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in

the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, E-mail,

PAN Card, Bank Account Number, if any.

It is made clear that in case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate

application for cancellation of the bail. It is also clarified that observations made above are only for the purpose of adjudication of instant bail petition

and shall not be construed as an opinion on the merits of the matter. Learned Trial Court shall decide the matter without being influenced by any of the

observations made hereinabove.

With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any.

Copy dasti.