Khem Dass vs State Of H.P.

Jyotsna Rewal Dua, J

The instant petition has been moved under Section 439 of the Code of Criminal Procedure for grant of bail, in FIR No.38/2020 dated 25.03.2020, under Section 3(1)(u) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered at Police Station Anni, Tehsil Anni, District Kullu, H.P.

Interim protection was granted to the petitioner vide order dated 18.05.2020, subject to the conditions stipulated therein.

I have heard learned counsel for the parties through video conference and gone through the status report filed by the respondent-State.

As per status report, petitioner, subsequent to interim order passed on 18.05.2020, has joined the investigation and no recovery is to be effected from him. Learned Assistant Advocate General has fairly submitted that the petitioner has joined the investigation pursuant to interim order dated 18.05.2020 and that his custodial interrogation is not required.

In view of above and considering the fact that the petitioner is aged 34 years, permanent resident of village Dhowai, post office Jaon Tehsil Anni, District Kullu, Himachal Pradesh, therefore, his presence can always be secured in the trial. Investigation of the case is almost complete and as per investigating agency, custodial interrogation of the petitioner is not required.

Therefore, no fruitful purpose would be served by sending the petitioner to judicial custody, hence, the interim order passed on 18.05.2020 is made absolute, subject to following conditions:-

(i) Petitioner is directed to join the investigation of the case as and when called for by the Investigating Officer in accordance with law. He shall fully cooperate the Investigating Officer and will appear before him in the concerned police station as and when called in accordance with law.

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

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

(iv). 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 of launching of prosecution, petitioner 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.

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 taken as an expression on merits of the case and learned Trial Court shall decide the matter uninfluenced by any of observations made hereinabove.

The parties shall not insist upon for obtaining certified copy of this order and shall download the same from the website of the High Court. However, the Registry is directed to send copy of this order to learned counsel for the parties through email subject to furnishing email addresses by them, if so required.