Mohit vs State Of Himachal Pradesh & Anr

Jyotsna Rewal Dua, J

Ad-interim protection was granted to the petitioner on 1.1.2021 in FIR No. 92/2020, registered on 18.12.2020 under Sections 420, 451, 354, 323, 506

and 34 of Indian Penal Code at Police Station, Pachhad, District Sirmour.

A perusal of status report reveals that owing to non-registration of sale deed with respect to certain parcel of land and owing to non-payment of

wages to the workers/labourers, a dispute arose between the petitioner and purchaser of the land. A scuffle resulted amongst persons belonging to

two groups involving the petitioner and the purchaser on 12.12.2020. This was first reported by the petitioner to the police at Police Station Pachhad

on 12.12.2020 itself. The petitioner complained of manhandling by the purchaser and group of her people. Subsequently, on 14.12.2020 purchaser also

complained about use of certain alleged illegal actions and use of physical force by the petitioner and group of his people on 12.12.2020.

As per the status report, the investigation is as yet going on. The status report also mentions that subsequent to the order passed on 1.1.2021, the

petitioner has joined the investigation and is co-operating with the same. Looking into the nature of the allegations levelled against the petitioner as well

as looking into the nature of disputes between the two factions, the custodial interrogation of the petitioner has neither been sought for in the status

report nor it is warranted in the facts and circumstances of the case.

In view of the above, the bail petition is allowed and the interim protection granted on 1.1.2021 is confirmed subject to the 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 construed as an

opinion on the merits of the matter. Learned trial Court shall decide the matter without being influenced by above observations.

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

Dasti Copy.