Pradeep Kumar Kaushal & Ors vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

The petitioners are all members of one extended family. They have been arrayed as accused in FIR No. 26/2021, dated 06.06.2021, registered at

Police Station, Kasauli, District Solan, under Sections 3(1)(r) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and Sections

341, 323, 504, 506, 188, 269, 270, 34 of Indian Penal Code. The interim protection was granted to the petitioners vide order dated 11.6.2021 subject to

terms and conditions stipulated therein.

Heard learned counsel for the parties and gone through the status report.

According to the status report, the case was registered against the petitioners on the basis of statement of one Smt. Sheela Devi recorded under

Section 154 Cr.P.C. on 06.06.2021. She complained about a scuffle having taken place on the day between her & her family members and the

petitioners. The scuffle started while the petitioners allegedly tried to take out a water pipeline from the hand pump. As per the status report, some

family members of the petitioners as well as family members of the complainant suffered simple injuries. Learned senior counsel for the petitioners

contended that petitioners are innocent and have been falsely implicated with the alleged offences. The petitioners had tried to take out a water

pipeline from the hand pump to their house in view of illness of one of the family members i.e. petitioner No. 2, who at the relevant time was suffering

from COVID-19. Petitioners had not used derogatory words attributed to them in the FIR. Rather, the petitioners have also suffered injuries in the

scuffle. Learned senior counsel for the petitioners prayed for confirmation of the interim protection granted to the petitioners vide order dated

11.6.2021.

Learned Assistant Advocate General, on the basis of the instructions, submitted that pursuant to the interim protection granted to them vide order

dated 11.6.2021, the petitioners have joined the investigation and are co-operating with the investigating agency. Therefore, their custodial interrogation

is not required, however, they be directed to join the investigation as and when directed by the investigating agency.

In view of the above factual aspects as have come in the status report and in view of the fair submissions made by learned Assistant Advocate

General, the interim order passed on 11.6.2021 is made absolute subject to following conditions:

(i) Petitioners are directed to join the investigation of the case as and when called for by the Investigating Officer in accordance with law. They 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) Petitioners shall not tamper with the evidence or hamper the investigation in any manner whatsoever:

(iii) Petitioners shall not contact the complainant or her family members in any manner whatsoever.

(iv) Petitioners will not leave India without prior permission of the Court.

(v) Petitioners 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) In case of launching of prosecution, petitioners shall attend the trial on every hearing, unless exempted in accordance with law.

(vii) Petitioners shall inform the Station House Officer of the concerned police station about their place of residence during bail and trial. Any change

in the same shall also be communicated within two weeks thereafter. Petitioners shall furnish details of their Aadhar Cards, Telephone Numbers, E-

mails, PAN Cards, 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 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.

Copy Dasti.