Munish Kumar vs State of H.P.

Kuldip Singh, Judge

This is an application, u/s 439 Cr.P.C. for releasing the petitioner on bail in FIR 188 of 2012 dated 24.11.2012, registered at Police Station, Nagrota Bagwan, District Kangra, under sections 147, 148, 149, 354, 323, 504 IPC read with section 3 (1) (X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. It has been stated that Des Raj, a neighbor of the petitioner, has filed the complaint and thereupon the case has been registered by the police. The petitioner has been falsely implicated in the case. The complainant is inimical towards the petitioner. The complainant had earlier also filed complaint against the petitioner. The petitioner is ready and willing to join the investigation and furnish bail bonds as per the directions of the court. The submission has been made for releasing the petitioner on bail.

The status report has been filed. It has been stated that on 24.11.2012 Des Raj submitted a written complaint in the police station. The complainant had stated that on 24.12.2012 at about 8.00 p.m., Mehar Singh told the complainant that his son Munish hit him with burning wood. The complainant advised Mehar Singh that he was no longer a ward panch, therefore, report be made to Pradhan. On this, a call came from outside ''Dumne'' why you have allowed Mehar Singh to sit in the house. Munish Kumar took quarrel with Hinchala Devi wife of the complainant and torn her clothes, he molested her. In the meantime, several persons named in the complaint pulled the hairs of the wife of the complainant and gave her beatings with kicks and fist blows and called by caste words.

The complainant Lalman and son of the complainant tried to save Hinchala Devi, they were also given beatings. Munish had torn the shirt of the wife of the complainant. The wife of the complainant sustained injuries on her person. Lalman and son of the complainant also sustained injuries. Munish Kumar left his jacket, sweater and weapon of offence danda on the spot. Munish Kumar caught hold the wife of the complainant from breasts and had torn her shirt only to disgrace her. On this case has been registered. The petitioner has joined the investigation. It has been stated that in the event of bail, the petitioner is likely to influence the prosecution witnesses and jump the bail. The custody of the petitioner has been prayed for interrogation. The submission has been made for rejection of bail application.

Heard and perused the record. The learned Addl. Advocate General on instructions received has submitted that there are in all seven accused, out of them except petitioner, others have moved an application for anticipatory bail, which is pending before learned Special Judge, Kangra at Dharamshala and is fixed on 11.12.2012. It has also been stated by her on instructions that no recovery is to be made from the petitioner. It has not been stated that for what purpose the custodial interrogation of the petitioner is required when recovery has already been made. There is no allegation that except known persons, others were also involved in the alleged commission of offence. The apprehension of the investigating agency that in the event of bail, the petitioner will influence the prosecution witnesses and jump the bail has not been elaborated. The petitioner is already on interim bail as per order dated 30.11.2012. There is no corroborative material in support of the aforesaid apprehension. There is no allegation that petitioner has not joined the investigation nor there is an allegation that petitioner will not be available for trial in case he is released on bail. The petitioner has made out a case for grant of bail u/s 439 Cr.P.C.

In view of above, the petition is allowed and petitioner is ordered to be released on bail in FIR No. FIR 188 of 2012 dated 24.11.2012, registered at Police Station, Nagrota Bagwan, District Kangra, under sections 147, 148, 149, 354, 323, 504 IPC read with section 3 (1) (X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 on his furnishing personal bond in the sum of Rs. 25,000/- with one surety of the like amount to the satisfaction of Additional Registrar (Judicial) of this court during the course of the day today with the conditions petitioner shall continue to join the investigation as and when called by the investigating officer and shall not hamper the investigation and tamper with the prosecution evidence in any manner. The petitioner shall maintain absolute peace and lawful conduct during the pendency of the case. Any observation made hereinabove shall not be construed as an expression of opinion over the merits of the case.

Copy dasti.