Vijay 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 regular bail in connection with FIR No.62/2024 dated 26.04.2024, under Section 506 of the Indian Penal Code and Section 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered at Police Station, Indora, District Kangra, Himachal Pradesh.

The petitioner had surrendered and submitted to the jurisdiction of this Court on 30.04.2024. The petitioner was enlarged on bail on the same date itself.

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

Investigation in the case at hand is almost complete. The petitioner has joined investigation and remained associated during investigation.

Learned Deputy Advocate General submits that the custodial investigation of the petitioner is not required. From a perusal of the status report and the bail petition, it is evident that the family of the complainant and the family of the present bail petitioner are embroiled in litigation amongst each other. The bail petitioner had filed a complaint under the Negotiable Instruments Act against the son of the complainant. The same was dismissed. Against the same, an appropriate appeal had been filed before this High Court, which is pending adjudication.

Other than the aforesaid, qua the illegal constructions raised by the husband of the complainant, proceedings were initiated by the petitioner in the month of March, 2024, on which, action has been taken by the concerned authority. Other than the aforesaid, a case bearing No.32 of 2024 lodged on 02.03.2024 under the provisions of Sections 342, 323, 506 of the Indian Penal Code, has been registered against the petitioner, wherein, the complainant is a witness.

Considering the entire facts and attending circumstances of the case at hand, I do not find any ground for curtailing the personal liberty of the petitioner, at this stage, by committing him to judicial custody. No fruitful purpose is going to be served by keeping him behind the bars during the pendency of the investigation.

Accordingly, present petition is allowed and petitioner is enlarged on bail in case FIR No.62/2024 dated 26.04.2024, under Section 506 of the Indian Penal Code and Section 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered at Police Station, Indora, District Kangra, Himachal Pradesh. Interim order dated 30.04.2024, 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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