Satpal And Others vs State Of Himachal Pradesh

Satyen Vaidya, J

All these petitions are being decided by a common order, as common questions of law and facts are involved.

Petitioners are accused in case FIR No. 4 of 2022 dated 4.1.2022, registered at Police Station, Shillai, District Sirmour, H.P. under Section 3 (i) of

Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short ‘the Act’) and Section 506 and 34 of the Indian Penal

Code.

The petitioners have approached this Court by filing petitions under Section 439 Cr.P.C. for grant of bail in above noted case, on the grounds that

petitioners are innocent and have been wrongly roped in a false case just to settle personal scores. The case has been registered at the instance of

persons having inimical relation towards petitioners and the persons associated as witnesses have also their personal interest in harassing the

petitioners. The complainant is habitual in making false complaints. On earlier occasion also, a false complaint was filed against petitioners by the

complainant, which after inquiry was found to be false. The path over which the complainant has raised dispute is in abadi deh land and has been

recorded as rasta-sare-aam in revenue record. Petitioners have not used any derogatory and defamatory words against the complainant. The

petitioners are permanent residents of Village and Post Office Sharlli-Manpur, Tehsil Paonta Sahib, District Sirmour, H.P. The investigation qua the

petitioners is already completed and nothing is to be recovered from them. In the facts of the case, custodial interrogation of the petitioners is not

required. Petitioners have undertaken to abide by all the conditions, as may be imposed and have further undertaken not to tamper with prosecution

evidence.

In response, the status report has been placed on record by respondent-State. It has been stated that on 4.1.2022, the complainant lodged a report at

Police Station, Shillai, District Sirmour, H.P. that the petitioners, who belong to Rajput Caste intend to carve a passage from the land of the

complainant by exerting pressure. On refusal by complainant to allow carving of such path, the petitioners had called complainant repeatedly by his

caste. The complainant belongs to scheduled caste. It has further been contended that petitioners keep on calling the complainant by derogatory words

regarding his caste. The petitioners had accordingly been booked for offences under Section 3 (i) (r) (s) of the Act and Section 506 read with Section

34 of IPC. It has been stated on behalf of the respondent-State that the investigation qua the petitioners is complete and no recovery is to be effected

from them. The petitioners have jointed the investigation.

I have heard the learned counsel for the parties and have also gone through the records carefully.

Though, it has been alleged by the complainant that the petitioners have been calling him by his caste in past also, but such allegations remained

uncorroborated. No material has been placed on record to suggest that the complainant had made any complaint against petitioners on any other

occasions save and except the lodging of present FIR.

As per respondent, the investigation qua petitioners is complete and nothing is to be recovered from them. It has not been contended on behalf of

the respondent that petitioners are required for custodial interrogation. In this view of the matter, no fruitful purpose shall be served by keeping the

petitioners in custody. It is not the case of the respondent that the release of petitioners on bail may affect the trial of the case adversely or they have

potential to influence the prosecution evidence.

Petitioners are permanent residents of Village and Post Office Sharlli-Manpur, Tehsil Paonta Sahib, District Sirmour, H.P. and are stated to be

engaged either ingovernment or private jobs. Petitioners have roots in society and there is no likelihood of their fleeing from course of justice. The trial

of the case is likely to take considerable time. The allegations against petitioners are yet to be proved. Pre-trial incarceration is not warranted in the

facts of the case.

In view of above discussion, the petitions are allowed. Petitioners are ordered to be released on bail in case FIR No. 4 of 2022 dated 4.1.2022,

registered at Police Station, Shillai, District Sirmour, H.P. under Section 3 (i) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act,

1989 and Section 506 and 34 of the Indian Penal Code, on their furnishing personal bonds in the sum of Rs. 20,000/- each with one surety each in the

like amount to the satisfaction of learned Judicial Magistrate, Shillai District Sirmour, H.P. and in his absence to the satisfaction of any other Judicial

Magistrate available at Nahan. This order shall be subject to following conditions:-

i) That the petitioners shall continue to join investigation as and when required.

ii) That the petitioners 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 petitioners shall not in any manner tamper with the prosecution evidence.

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

petitioners.

v) That the petitioners shall not leave India without permission of this Court till continuance of investigation and thereafter of the learned trial Court, if

any.

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

Any observation 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 observation made herein above.