Malkeet Singh vs State Of Himachal Pradesh

Satyen Vaidya, J

Petitioner is accused in case registered vide FIR No. 121 of 2022, dated 01.09.2022 at Police Station, Nagrota Bagwan, District Kangra, H.P. under Sections 354, 354-D, 504 IPC and Section 3 (1) (r)of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Petitioner had surrendered before this Court on 01.09.2022 and was released on interim bail. Petitioner has joined the investigation thereafter.

The allegation against petitioner is that he called the complainant by her caste. The complainant is stated to be belonging to Scheduled Caste. As per the police case, on 31.08.2022, the complainant alongwith her son and daughter boarded the vehicle of petitioner. It is alleged that the petitioner started misbehaving with her. When the complainant objected, she was made to de-board the vehicle and at that stage she was called by her caste.

It is contended on behalf of the petitioner that he has been involved in a false case. It is submitted that petitioner is plying a taxi. The complainant had hired his taxi and when the fare was demanded, she had misbehaved with the petitioner and had herself alighted from the vehicle without paying the charges. It is further stated that the petitioner has been implicated due to ulterior purposes. Petitioner is stated to be permanent resident of village Barai, P.O. Sunher, Tehsil Nagrota Bagwan, District Kangra, H.P. Petitioner has undertaken to abide by the terms as may be imposed against him.

I have heard learned counsel for the parties and have also gone through the records of the case carefully.

The preliminary investigation in the case is stated to be complete. There is no complaint against the petitioner that he did not join the investigation as and when called upon to do so.

The allegations against the petitioner are yet to be proved. Evidently there is no eye witness to the alleged offence. No fruitful purpose shall be served by allowing the petitioner to be kept in custody till disposal of the trial, which is likely to take considerable time. Even otherwise, pre-trial incarceration is not the rule.

Petitioner is permanent resident of village Barai, P.O. Sunher, Tehsil Nagrota Bagwan, District Kangra, H.P. and there is no likelihood of his absconding from the course of justice. It is also not the case of the respondent that petitioner has potential to win-over the prosecution witnesses.

In the peculiar facts and circumstances of the case, the order dated 02.09.2022 passed by this Court is confirmed. Petition stands disposed of.

Any observation made hereinabove shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made hereinabove.