Yashbir vs State of Haryana

Mehinder Singh Sullar, J.—Petitioner-Yashbir son of Balbir, has directed the instant petition for the grant of regular bail, in a case registered against him along with his other main co-accused and brother Yashpal (Sarpanch), vide FIR No. 312 dated 13.06.2014, on accusation of having committed the offences punishable under Sections 323, 354A, 506, 34 IPC and Section 3 of The Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity "the SC & ST Act), by the police of Police Station Samalkha, District Panipat.

Notice of the petition was issued to the State.

After hearing the learned counsel for the parties, going through the record with their valuable assistance and after deep consideration of the entire matter, to my mind, the present petition for regular bail deserves to be accepted in this context.

Precisely, the allegations contained in the complaint lodged by complainant-Gulshan Kumar son of Ram Kumar, which formed the basis of FIR, are as under:-

Sir, it is requested that Sarpanch, Gram Karhans has done molesting and given beating to our ladies. A threatening has been given to play with the honour of our ladies after calling the goons in the night. We have apprehension of our lives. Dirty abuse is given to our ladies such as Chamari, Gindli, Neech and extra, which we cannot write. Our ladies be protected, as we go for duties in the night. Therefore, justice be given to us. If any mishappening occurs with us, then Sarpanch will be responsible for that. It is requested to you that appropriate action be taken against Sarpanch and his brother Yashbir.

Meaning thereby, neither any specific role nor any particular overt-act is attributed to the present petitioner (Yashbir). All the vague allegations of commission of the indicated offences are assigned to main accused Sarpanch Yashpal (non-petitioner). It is not a matter of dispute that during the course of investigation, main accused Yashpal was found innocent and was exonerated by the police. Otherwise also, it is very doubtful as to whether the offence punishable u/s 3 of the SC & ST Act, is made out against the petitioner, in view of the ratio of law laid down by this Court in case Dr. Onkar Chander Jagpal and Another Vs. Union Territory and Another,

Moreover, the petitioner was arrested on 13.06.2014. Since then he is in judicial custody and no useful purpose would be served to further detain him in jail. There is no history of his previous involvement in any other criminal case. Even, since the prosecution has not yet submitted the final police report (challan) against the accused, so, the conclusion of trial will naturally take a long time.

In the light of aforesaid reasons, taking into consideration the totality of facts & circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side during the course of trial, the instant petition for regular bail is hereby accepted. The petitioner is ordered to be released on bail on his furnishing adequate bail bonds and surety bonds to the satisfaction of the Chief Judicial Magistrate, Panipat.

Needless to mention that, nothing observed here-in-above, would reflect, in any manner, on merits in the trial of the case, as the same has been so recorded for a limited purpose of deciding the present petition for regular bail.