Manjit Singh vs State Of Himachal Pradesh

Satyen Vaidya, J

Petitioner has approached this Court for grant of pre-arrest bail, in case FIR No. 86/2023, dated 21.03.2023, registered under Sections 3(1)(g) of the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, 1989, at Police Station Nalagarh, District Solan, H.P.

The accusation against petitioner is that in 2021, he disrupted and blocked the water line catering to the complainant, who is a member of Scheduled Caste. It is alleged that on 16.05.2021, complainant made a complaint. Police recorded the DDR, but no case was registered. Now, the case has been registered on 21.03.2023.

On 18.04.2023, petitioner was admitted to interim bail by a Co-ordinate Bench of this Court. Thereafter, petitioner has joined the investigation time to time as required by the investigating officer of the case.

Petitioner submits that he has been implicated in a false case. Complainant has rivalry against petitioner on account of political reasons. It is further submitted that the complaint of 2021 is being prosecuted now, which by itself reveals the falsity of its contents.

I have heard learned counsel for the petitioner as well as learned Additional Advocate General and have also gone through the status report.

There is no allegation that after the alleged blockage of water pipe line in the year 2021, petitioner has again indulged in any similar activity. The allegations pertain to year 2021 and are subject to proof during trial.

The investigation is complete and challan is in the process of being filed. No recovery is to be effected from the petitioner. Even otherwise his custodial interrogation is not warranted in the facts and circumstances of the case.

Petitioner is permanent resident of Village Hatra, P.O. Jhajra, Tehsil Nalagarh, District Solan, H.P. and there is no likelihood of his absconding from the course of justice.

Keeping in view the entirety of facts and circumstances of the case, the instant petition is allowed. Order dated 18.04.2023 is confirmed.

Observations made here-in-above are only for the purpose of this application and shall have no bearing on the merits of the case.