Praveen Kumar vs State Of Himachal Pradesh

Bipin Chander Negi, J

The present bail petition has been filed by the petitioner, under Section 439 of the Code of Criminal Procedure, seeking anticipatory bail in connection with FIR No.50/2024 dated 30.01.2024, under Section 3(1)(s), (r), (za) (C) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered at Police Station, Sadar Bilaspur, District Bilaspur, Himachal Pradesh.

Interim protection was granted to the petitioner on 01.02.2024.

I have heard learned counsel for the parties and have perused the status report.

Alongwith the present bail petitioner, petitioner has placed on record copy of complaint dated 02.01.2024 (Annexure P-1) made by the present petitioner against the complainant. The same has been addressed to the Deputy Commissioner, Bilaspur, Himachal Pradesh. From perusal of the same, it is evident that the present bail petitioner is working as a Pujari in Durga Mata Temple, Cinema Colony, Bilaspur. As per the said application, it is evident that petitioner in the case at hand has been appointed as a Pujari by the local residents of the area. In the complaint, it is alleged that an altercation had taken place between the present petitioner and the complainant. The complainant had threatened the present bail petitioner by stating that she would institute proceedings under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against him.

As per status report filed by the respondent-State, FIR in the case at hand, was registered on the basis of a complaint lodged by the complainant, Manjeet Kaur on 07.01.2024 with respect to an incident alleged to have occurred on 06.01.2024. The dispute in the case at hand had occurred on 06.01.2024 with respect to the alleged locks put on the temple by the present bail petitioner. It is further stated in the status report that the complainant has alleged that she and her family members were intentionally insulted/ intimidated with an intent to humiliate them on account of their caste.

Besides the aforesaid, it is alleged that the bail petitioner had abused the complainant and her family members by their caste name. Other than the aforesaid, complainant alleged that she and her family members were obstructed/stopped from entering the place of worship, i.e., Durga Mata Temple, Cinema Colony, Bilaspur, Himachal Pradesh.

As per status report, Challan in the case at hand has been presented on 22.03.2024 before the competent Court. The petitioner had joined investigation in pursuance to the interim protection granted to him vide order dated 01.02.2024. During investigation, the petitioner has cooperated with the Investigating Agency.

Other than the aforesaid, on 02.04.2024, in the case at hand, learned Additional Advocate General has fairly submitted that the custody of the present petitioner is not required.

From a perusal of the status report, it is also evident that custodial interrogation of the petitioner in the facts and attending circumstances of the case is not required. Status report does not indicate any criminal antecedents of the bail petitioner.

In the attending facts and circumstances of the case, prima facie, it appears that the FIR in question is a counter blast to the complaint dated 02.01.2024 made by the bail petitioner against the complainant with the Deputy Commissioner concerned. The sole aim of the FIR is to pressurize and humiliate the bail petitioner.

Accordingly, present petition is allowed and petitioner is enlarged on bail in case FIR No.50/2024 dated 30.01.2024, under Section 3(1) (s), (r), (za) (C) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered at Police Station, Sadar Bilaspur, District Bilaspur, Himachal Pradesh. Interim order dated 01.02.2024, is made absolute, subject to the conditions enumerated, therein.

In case of violation of any of the terms and 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 case. Learned trial Court shall decide the matter without being influenced by above observations.

With the aforesaid observations, the present petition stands disposed of.

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