Parkash Chand vs State Of H.P

Jyotsna Rewal Dua, J

Instant petition has been moved under Section 439 of the Code of Criminal Procedure for grant of regular bail, in FIR No.174/2020, dated 15.09.2020, under Sections 504, 506 of the Indian Penal Code and Section 3(1)(s), 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevision of Atrocities) Act, 1989, registered at Police Station Ghumarwin, District Bilaspur, H.P.

Vide order passed on 17.09.2020, the petitioner was granted interim protection subject to conditions specified in the said order.

Heard learned counsel for the parties and gone through the status report filed by the respondent-State.

As per the status report, the FIR in question was registered on the basis of a complaint made by one Judhya Devi to the effect that the petitioner is a habitual miscreant. On 11.7.2020, he had used derogatory words, prohibited under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against her and also threatened to burn all her family members. According to the status report, the petitioner pursuant to the interim protection has joined the investigation and is cooperating with the same.

Learned Deputy Advocate General has submitted that there is no requirement of custodial interrogation of the petitioner. Nothing is to be recovered from him.

In view of the nature of accusations and the mode and manner of commission of alleged offences, coupled with the fact that the petitioner has already joined the investigation and is cooperating with the same, therefore, in present Covid-19 pandemic times, no fruitful purpose would be served by sending the bail petitioner to judicial custody. Status report does not indicate any criminal antecedent of the petitioner. He is permanent resident of village Karchalag, Post Office Bagaghat, Tehsil Ghumarwin, District Bilaspur, H.P. therefore, his presence can be secured in the trial. Hence, the interim order passed on 17.9.2020 is made absolute, subject to following conditions:-

(i). Petitioner is directed to join investigation of the case as and when called for by the Investigating Officer in accordance with law;

(ii). Petitioner shall not hamper the investigation;

(iii). Petitioner undertakes not to contact the complainants, to threaten or browbeat them or to use any pressure tactics in any manner whatsoever;

(iv) Petitioner shall not leave India without prior permission of the Court;

(v). 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;

(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 their Aadhar Card, Telephone Number, E-mail, PAN Card, Bank Account Numbers, 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 main matter without being influenced by the above observations.

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

Authenticated copy be supplied to learned counsel for the parties through the Secretary/Court Master in case so required.