Hira Singh And Others vs State Of H.P

Jyotsna Rewal Dua, J

All these petitions arise out of the same FIR, hence taken up together for disposal.

Perused fresh status report filed by the respondent/State, according to which, petitioners have joined the investigation and are cooperating with the investigating agency in compliance to the conditions stipulated in the order dated 1.7.2020, passed by this Court granting them interim protection.

Instant petitions have been moved under Section 439 of the Code of Criminal Procedure for grant of regular bail, in FIR No.88/2020 dated 27.06.2020, under Sections 323, 504, 506 of the Indian Penal Code and Section 3(1)(s) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered at Police Station Theog District Shimla, H.P.

The aforesaid FIR was registered on the basis of a complaint lodged with police by one Kumari Anita on 27.6.2020 to the effect that on 27.6.2020, she and her elder brother Naresh had gone to work in fields. While going towards their home at Bagain, they reached near the home of the petitioners at around 11.30 p.m. Feeling thirsty, they opened up a tap near to the home of the petitioners. Immediately thereafter, the petitioners came out from their home holding 'Dandas' (wooden sticks) and gave beatings to the complainant and her elder brother, who were not allowed to drink water from the tap. Petitioners used words prohibited under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the complainant and her elder brother, who were allegedly rescued by their father with great difficulty. This complaint led to the registration of instant FIR.

3(ii) Vide order passed on 1.7.2020, the petitioners were granted interim protection subject to conditions specified in the said order. As per status report, petitioners have joined the investigation and nothing remains to be recovered from them.

Learned counsel for the petitioners submitted that the accused have been falsely roped with the offences, because of a previous enmity existing between their family and the family of the complainants regarding a passage claimed by all of them as their own. A previous FIR No.87/20 under Sections 451, 323, 34 and Section 506 of the Indian Penal Code was registered at the behest of the petitioners against the complainants on 27.6.2020 itself. The instant FIR is nothing but a counter blast to the aforesaid FIR got registered by the petitioners prior in time to the FIR No.88/20.

Learned Additional Advocate General on the basis of instructions imparted to him submitted that custodial interrogation of the petitioner is now not required and nothing remains to be recovered from them.

Investigation of the case is almost complete. Petitioners have already joined and are cooperating with the investigation. Nothing remains to be recovered from them. Their custodial interrogation is not required. Considering these aspects as well as the facts that the petitioners aged 45, 80 & 46 years, respectively, are permanent residents of village Dhak Bagain Tehsil Theog District Shimla, therefore their presence can always be secured in the trial, therefore no fruitful purpose would be served by sending them to the judicial custody. Hence, interim protection granted to the petitioners vide order dated 1.7.2020 is made absolute subject to following conditions:-

(i) Petitioners are directed to join the investigation of the case as and when called for by the Investigating Officer in accordance with law. Petitioners shall fully cooperate the Investigating Officer and will appear before him in the concerned police station as and when called in accordance with law. However in Cr.MP(M) No. 1001 of 2020, the petitioner shall not be called in the police station before 9.00 A.M. and after 5.00 P.M;

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

(iii). Petitioners will not leave India without prior permission of the Court.

(iv). Petitioners 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). Petitioners shall attend the trial on every hearing, unless exempted in accordance with law.

(vi). Petitioners 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;&

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 made clear 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 main matter without being influenced by the above observations.

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

Authenticated copy be supplied to learned counsel for the parties through the Secretary/Private Secretary, in case so required.