Sandesh Kumar vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

The present petition filed under Section 439 of Code of Criminal Procedure is for grant of bail in FIR No. 28/2021, dated 22.3.2021, registered at

Police Station, Talai, District Bilaspur, under Sections 3(1)(s) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and Sections 504

and 506 of Indian Penal Code. The interim protection was granted to the petitioner vide order dated 23.3.2021 subject to terms and conditions

stipulated therein.

The prosecution case as it comes out from the status report is that the FIR was registered on the basis of a complaint lodged by one Smt. Reena

Devi wife of Shri Surender Kumar. Her complaint was that on 23.2.2021 at around 3:30 P.M. while she in the capacity of Pradhan of Gram

Panchayat, Jejwin and other panchayat members were looking into some dispute regarding the path near Jejwin, at that time the petitioner reached the

spot and started hurling abuses against the complainant, one Sanjay Mahajan, his mother and certain other persons present there. Petitioner also

threatened the complainant of dire consequences and used derogatory words against her. On the basis of these allegations, the FIR was registered.

According to the status report, pursuant to the interim protection granted to the petitioner, he has joined the investigation and is co-operating the

investigating agency.

Learned counsel for the petitioner stated that the petitioner’s wife had successfully contested the BDC elections. He further stated that

complainant is Pradhan of Gam Panchayat, Jejwin, where petitioner is also running a shop. The petitioner and complainant profess different ideologies.

The petitioner has been falsely implicated in the FIR by the complainant on that count. Petitioner had never used derogatory words attributed to him by

the complainant. He is innocent and has not committed the offences alleged against him.

Whereas, learned Additional Advocate General submitted that in case the court is inclined to grant the bail to the petitioner, the same be made subject

to the condition that petitioner shall continue to join the investigation as and when directed by the investigating agency.

From the documents on record, it is apparent that the parties have some pre-existing differences with each other. Civil litigation in respect of some

path is also stated to be pending between them. Looking into the nature of the allegations levelled against the petitioner, no need for his custodial

interrogation is warranted. The status report already records the fact that the petitioner has joined the investigation and is co-operating with the

investigating agency. Petitioner is local resident of village and Post Office, Jejwin, Sub Tehsil Kalol, District Bilaspur, therefore, his presence can be

ensured in the trial. Accordingly, order dated 23.3.2021 is made absolute subject to following conditions:

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

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

(iv) Petitioner will 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) In case of launching of prosecution, petitioner shall attend the trial on every hearing, unless exempted in accordance with law.

(vii) 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 his Aadhar Card, Telephone Number, E-mail,

PAN Card, Bank Account Number, 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.