Smt. Devina vs State of H.P.

Kuldip Singh, Judge

This judgement shall dispose of Cr.MP(M) Nos. 482, 483, 484, 485 and 486 of 2012 filed by Smt. Devina, Smt. Sarita Devi, Smt. Babita Devi, Krishan Singh and Smt. Begi Devi, respectively, u/s 439 Cr.P.C. for releasing them on bail, in FIR No. 32 dated 23.5.2012 registered at Police Station, Chirgaon, u/s 3(X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. It has been stated that petitioners are innocent and are from one family, they are in all five accused, out of them four are women. They have been falsely implicated in the case. The complainant vide his affidavit dated 29.5.2012 has stated that FIR has been got registered inadvertently. The accused have not committed the offence.

The petitioners had filed bail applications and they were granted interim bail on 31.5.2012. It has been submitted that petitioners are ready to join the investigation and furnish bail bonds as per the directions of the court. The submission has been made for releasing the petitioners on bail.

The status report has been filed in Cr. MP (M) No. 482 of 2012. It has been stated that case has been registered on the complaint of Shyam Lal. It has been stated that on 21.5.2012, the complainant alongwith Rattan Chand submitted a written complaint at Police Station, Chirgaon. The allegations are that on 20.5.2012 Judicial Magistrate came at Tangnu in some function, at the end of the function meals were served. At that time when children of scheduled castes and old persons were sitting for meals, accused used caste words and hurled abuses. They said, throw away the plates and scheduled castes should leave the place. The meals were not for the scheduled castes. They started pushing the complainant and threatened that scheduled castes kolis would be killed. The accused are rajpoots and the complainant party is scheduled caste. The complainant party saved themselves by leaving the place. On this, the case has been registered.

It has come in the investigation that on 20.5.2012 in village Tangnu a literacy camp was arranged in the ground of Govt. Primacy School. The meals were arranged by the residents of village Tangnu. The meals were prepared and served by Mahila Mandal, Tangnu. At about 2.00 p.m., Shyam Lal, Rattan Chand, Kaku Kumar, Gopi Chand and children of Shyam Lal were taking the meals in the school ground. The female accused addressed the said persons with caste words and told them not to take meals with rajpoots. Krishan Singh told Shyam Lal why he was sitting with rajpoots. He was threatened that he would be given beatings. The submission has been made for rejection of the bail applications.

Heard and perused the record. The petitioners were released on interim bail on 31.5.2012. It has been stated by the learned Addl. Advocate General that petitioners have joined the investigation and investigation is complete, no recovery is to be made from the petitioners. The complainant has sworn an affidavit dated 29.5.2012 that complaint was lodged by him inadvertently. In the status report nothing has been stated regarding the custodial interrogation of the petitioners nor it has been stated for what purpose they should be kept in jail during the pendency of the case. The trial will take some time. In these circumstances, the petitioners have made out a case for grant of bail in their favour.

In view of above, Cr. MP (M) Nos. 482, 483, 484, 485 and 485 of 2012 are allowed. The petitioners are ordered to be released on bail in FIR No. 32 dated 23.5.2012, registered at Police Station, Chirgaon, u/s 3(X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, on their furnishing personal bonds in the sum of Rs. 10,000/- each with one surety each of the like amount to the satisfaction of Additional Registrar (Judicial) of this court during the course of the day today. In case petitioners furnish bail bonds, then they be released, failing which they shall be taken into custody. The petitioners shall continue to join the investigation as and when called by the investigating officer and shall not hamper the investigation and tamper with the prosecution evidence in any manner. The petitioners Devina, Sarita Devi, Babita Devi and Begi Devi are women, therefore, they shall be interrogated in accordance with law.

Any observation made hereinabove shall not be construed as an expression of opinion over the merits of the case. The application stands disposed of. Dasti copy on usual terms.