Ranjeet Banchta vs State Of Himachal Pradesh

Satyen Vaidya, J

Petitioner is accused in case FIR No. 16 of 2022 dated 18.1.2021 registered at Police Station, Dhalli, District Shimla, H.P. under Section 504 and

506 of the Indian Penal Code and Section 3(1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989.

Petitioner has approached this Court for grant of bail under Section 439 Cr.P.C. on the grounds that petitioner has been falsely implicated. As per

petitioner, no incident as alleged happened at any point of time. The facts have been distorted by the complainant with ulterior motive. All preliminary

investigations have been complete and no recovery is to be effected from the petitioner. Petitioner has roots in the society and there is no likelihood of

his absconding from the course of justice. He is ready and willing to join the investigation and also to abide by the conditions as may be imposed

against him. Petitioner has further undertaken to not to tamper with the prosecution evidence.

In response, the status report has been filed. It has been stated that on 18.012022, the complainant lodged a complaint at Police Post, Sanjauli

alleging inter-alia that on 17.01.2022, petitioner had uttered derogatory and cast related offensive words against him, while travelling in a local bus. It

was alleged that later the petitioner has also made a phone call to the complainant and again uttered filthy language with threats to do away with his

life. Casteist words were again used against the complainant. As per respondent, investigation is still going on. During investigation, it has been found

that the complainant has recorded the conversation between him and the petitioner on his mobile phone and this piece of evidence has been sent for

scientific analysis. The documents in respect of cast etc. of complainant are also being procured. Petitioner has joined the investigation. An

apprehension has been shown that in case of release of petitioner on bail, he may tamper with the prosecution evidence.

I have heard learned counsel for the petitioner and learned Additional Advocate General for the respondent-State and have also gone through the

record carefully.

The investigation qua the petitioner is stated to be almost complete. Custodial interrogation of the petitioner has not been sought by the Investigating

Officer. It is not the case of the respondent that the release of petitioner on bail may prove detrimental in collection of the evidence, which more or

less is stated to be either the documents from the official records or reports of the experts after scientific analysis of voice sample etc.

The allegations against the petitioner are yet to be proved. Pre-trial incarceration cannot be ordered as a matter of rule. In the given fact and

circumstances of the case, no fruitful purpose shall be served by keeping the petitioner in custody for indefinite period of time.

The petitioner is permanent resident of Village Sajnara, P.O. Khagna, Tehsil Chopal, District Shimla, H.P. and there is no likelihood of his fleeing

from course of justice. The only concern of respondent that petitioner, if released on bail, may tamper with the prosecution evidence can be taken care

of by imposing appropriate conditions, though no tangible material has been placed to justify even this apprehension. No past criminal history is

attributed to the petitioner.

In the given facts and circumstances of the case, the petition is allowed. Petitioner is ordered to be released on bail in case FIR No. 16 of 2022

dated 18.1.2021 registered at Police Station, Dhalli, District Shimla, H.P. under Section 504 and 506 of the Indian Penal Code and Section 3(1) of

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, subject to his furnishing personal bond in the sum of Rs.25,000/- with one

surety in the like amount to the satisfaction of learned Chief Judicial Magistrate, Shimla or any other Judicial Magistrate 1st Class on duty stationed at

Shimla. This order shall be subject to the following conditions:-

i) That the petitioner shall continue to join investigation as and when required and further to appear before the learned trial Court on each and every

date of hearing.

ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as

to dissuade him from disclosing such facts to the Court or to the police.

iii) That the petitioner shall not in any manner tamper with the prosecution evidence.

iv) That any indulgence of petitioner in similar activities during the continuance of this order shall entail cancellation of the bail granted to the petitioner.

v) That the petitioner shall not leave India without permission of the Court.

vi) That in case of violation of any of the conditions, the bail granted to the petitioner shall be liable for cancellation.

Any observations made herein above shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the

matter uninfluenced by any observations made herein above.