Kapil Dev @ Kapil Khatar And Others vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

All these bail petitions preferred under Section 439 of the Code of Criminal Procedure germinate from FIR No.9/2023, dated 15.02.2023, registered under Section 323 of the Indian Penal Code and Section 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, at Police Station Pachhad, District Sirmour. Arising out of common FIR and involving similar facts, these petitions are taken up together for disposal.

The respondent has filed the status report, which has been taken on record.

The petitioners are either parents or relations of students studying in the Plenum School, Shekhra Baghar, Bagthan, District Sirmour. According to the status report filed by the respondent, the parents and relations of students of the school were trying to resolve an altercation that took place between the students. In that process, allegations came to be levelled by the complainant of use of derogatory remarks by the bail petitioners (accused persons) against the complainant, who is also the Principal of the school concerned. On the basis of these allegations, FIR was registered on 15.02.2023. The petitioners were granted ad-interim bail vide order dated 20.02.2023.

According to the status report, the Investigating Agency has not found any evidence thus far about the involvement of accused Ravinder Budhwar (petitioner in Cr.MP(M) No.431 of 2023), Anand Singh (petitioner in Cr.MP(M) No.430 of 2023) and Aditya @ Sahil (petitioner in Cr.MP(M) No.429 of 2023). The status report does not dispute that all the accused persons have joined the investigation and are co-operating with the Investigating Agency. This fact has not even been disputed by learned Additional Advocate General during hearing of the case. Status report does not insist upon the custodial interrogation of the accused persons.

In view of the nature of allegations levelled against the accused persons (petitioners), the investigation carried out by the respondent as detailed in the status report, the fact that the petitioners have joined the investigations and are co-operating with the Investigating Agency, it will be expedient and in the interest of justice to make the ad-interim orders dated 20.02.2023 passed in these petitions absolute.

Accordingly, these petitions are allowed. The interim protection granted to the petitioners vide order dated 20.02.2023 passed in all these petitions is made absolute subject to following conditions:-

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

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

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

(iv). The 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). In case the petitioners are put to trial, then they 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 their places of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioners shall furnish details of their Aadhar Cards, Telephone Numbers, E-mail, PAN Cards, Bank Account Numbers, 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 petitions 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 petitions stand disposed of, so also the pending miscellaneous application(s), if any.