Jaswant Singh vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

Present petition under Section 439 of Code of Criminal Procedure arises out of FIR No. 94 of 2020, dated 28.10.2020, registered under Section 3(1)(r)(s) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, (in short 'SC & ST Act') at Police Station, Bangana, District Una.

FIR has been registered in the light of complaint lodged on 28.10.2020 by one Smt. Archana Devi wife of Shri Lalit Kumar. The complainant had levelled allegations of use of derogatory words by the petitioner prohibited under the Act.

Learned Deputy Advocate General on the basis of instructions imparted to him has stated that pursuant to the interim protection granted to the petitioner vide order dated 3.11.2020, he has joined the investigation and is co-operating with the investigating agency. The status report also records the fact that the wife of the petitioner has also filed a cross case bearing FIR No. 93/2020, dated 28.10.2020, under Section 354, 323, 506 of Indian Penal Code and Section 3(1)r, 3(2)(va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 at Police Station, Bangana against Shri Lalit Kumar-husband of the Complainant.

Learned Counsel for the petitioner has also submitted that petitioner himself belongs to schedule caste and schedule tribe community. Under Section 3 of the SC & ST Act only a person who is not a schedule caste or schedule tribe can be arraigned as an accused. However, as per status report investigation in that aspect is yet going on. Petitioner has pleaded innocence and false implication.

Considering the nature of the allegations levelled against the petitioner and the evidence collected during the investigation, no fruitful purpose will be achieved by sending the petitioner to judicial custody at this stage. No criminal antecedents of the petitioner have been reflected in the status report. Petitioner is permanent resident of Village Dohak, Post Office, Mandil, Sub Tehsil Bangana, District Una, hence his presence can be ensured in the trial. He has joined the investigation and is co-operating with the investigating agency. Therefore, the interim protection granted vide order dated 3.11.2020 is confirmed on the same terms and conditions.

It is made clear that in case the petitioner violates the terms and conditions of the grant of bail, then it shall be open for the Investigating Agency to take recourse in accordance with law for getting the bail cancelled. It is 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.

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