Vijay Singh Rathore vs State Of H.P

Jyotsna Rewal Dua, J

The present bail petition under Section 439 of Code of Criminal Procedure arises out of FIR No. 38 of 2023, dated 13.03.2023, registered under Sections 341, 323, 325 & 506 of Indian Penal Code and Section 3(1)(r)(s), and 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), at Police Station Rohru, District Shimla, H.P. Ad-interim protection was granted to the petitioner on 22.03.2023.

The respondent has filed the status report.

The case against the petitioner was registered in view of the complaint lodged by one Moti Ram. Gist of his complaint is that on 13.03.2023 at around 3.30 p.m., he received a call from his wife that his mother Smt. Kamla Devi was given beatings by the petitioner, as a result which, she had been seriously injured. The allegation was also levelled that petitioner has used objectionable words against the mother of the complainant. In view of the above complaint, FIR was registered and the investigation was carried out. During investigation, Smt. Kamla Devi stated that grandfather of the petitioner had provided land to her and her husband. Upon that land, she and her husband had constructed a house and were residing there ever since. After the death of her husband in the year 2011, the petitioner started harassing her. His main object is to evict them from the land in question. With that object, the petitioner had given beatings to her on 13.03.2023 using a wooden stick and also used objectionable words against her.

Ad-interim protection was granted to the petitioner on 22.03.2023. As per the status report, the petitioner had joined the investigation. He denied giving any beatings to Smt. Kamla Devi and stated that Kamla Devi had fallen herself and suffered injuries, but blamed the petitioner for the injuries sustained by her. The status report does not indicate any criminal history of the petitioner.

I have heard learned senior counsel for the petitioner and learned Additional Advocate General and considered the status report filed by the respondent.

It appears that a civil dispute between the family of the complainant and that of the petitioner is pending adjudication qua the land, over which, house of the complainant is situated. Both the factions have levelled allegations against each other.

Taking into consideration the nature of allegations levelled by the complainant in the FIR against the petitioner, the status report, the fact that the petitioner had joined the investigation in terms of the ad-interim protection granted to him on 22.03.2023 and the fact that no other criminal case is pending against the petitioner, I am of the considered view that case has been made out for confirmation of the interim protection. Accordingly, the present petition is allowed. The interim bail granted to the petitioner vide order dated 22.03.2023 is made absolute subject to following conditions: -

(i). The petitioner shall join and cooperate the investigation of the case as and when called for by the Investigating Officer in accordance with law.

(ii). The petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever.

(iii). The petitioner will not leave India without prior permission of the Court.

(iv). The 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.

(v) The petitioner shall not contact, threaten or intimidate the victim/complainant and their family members in any manner whatsoever.

(vi). In case the petitioner is put to trial, then he 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 any of the observations made hereinabove.

With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous application(s), if any.