Himachal Pradesh High Court
CRMPM/1227/2019 on 28 June, 2019
Author: Anoop Chitkara
Bench: Anoop Chitkara
Cr.MP(M) No. 1227 of 2019 28.06.2019 Present: Ms. Aanandita Sharma, Advocate, for the petitioner.
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Ms. Divya Sood, Deputy A.G. for the respondent/State.
Petitioner is present and has surrendered to the jurisdiction of this Court.
2 Notice. Learned Deputy Advocate General, appears and waives service of notice on behalf of the respondent-State.
3. The present petition is under Section 439 of the Code of Criminal Procedure, seeking ad-interim as well regular bail in FIR No. 130 of 2010, dated 7.7.2010, registered in Police Station, Bhoranj, District Hamirpur, Himachal Pradesh, under the provisions of Sections 147, 149, 504, 506 of the Indian Penal Code and Section 3 of the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "Act") against the bail petitioner.
There may be other Sections of Indian Penal Code and other provisions of law, which the petitioner may not be aware at present. The petitioner has surrendered in the Court and has been duly identified by the learned counsel for the petitioner.
4. Section 3 (1) (s) of the Act reads as follows:-
"abuses any member of a Scheduled Caste or a Scheduled Tribe by caste name in any place within public view:"
5. Section 18 and 18A of the Act bars the filing of application under Section 438 of the Code of Criminal Procedure and no anticipatory bail can be given to a person against whom allegations under the Act are leveled. For this ::: Downloaded on - 29/09/2019 00:09:37 :::HCHP reason, the petition is filed under Section 439 of the Code of Criminal Procedure for grant of regular bail and until the .
status report is filed by the Respondent, the petitioner is seeking ad-interim bail.
6. As per the bail petition, the allegations are as follows:-
1. That the bail petitioner allegedly called the complainant by name and used the words which are prohibited under the provisions of the Act.
2. That the allegations are false, wrong and baseless and the petitioner has no connection with the said offence.
3.
r It has been specifically averred that petitioner has been roped into the case by the police just to save the real culprits and at the behest of the complainant who has inimical relations with the petitioner owing to some land dispute and the present FIR is a counter-blast to that.
7. I have heard the counsel for both the parties. The petitioner is a Native and permanent resident of Himachal.
Therefore, presence of the petitioner can always be secured. No purpose is going to be served by sending the petitioner to Judicial Custody. I am of the considered opinion that in the interim, petitioner is entitled to be released on bail.
8. List on 5th July, 2019, on or before which date the Investigating Officer shall file status report and an advance copy of the same be supplied to the learned counsel for the petitioner. The bail petitioner need not be present on the said date.
9. In the interim, the petitioner shall be released on bail, till further orders, in connection with the FIR mentioned above, on furnishing personal bond in the sum of Rs.5,000/-
::: Downloaded on - 29/09/2019 00:09:37 :::HCHP(rupees five thousand only) to the satisfaction of any of Registrar/Additional Registrar/Deputy Registrar of the .
Hon'ble High Court of H.P.
10. This Court is granting the interim protection subject to the conditions mentioned in this order. The petitioner undertakes to comply with all directions given in this order and furnishing of the bail bond by the petitioner is acceptance of all such conditions:
(i). The petitioner is directed to join the investigation as and when called by the Investigating Officer.
(ii) The petitioner undertakes to appear before Investigating Officer as and when directed to do so.
(iii) The Petitioner shall neither influence nor try to control the investigating officer, in any manner whatsoever.
(iv) The petitioner undertakes not to contact the complainant(s), to threaten or browbeat them or to use any pressure tactics.
(v) The Petitioner undertakes not to 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 or tamper with the evidence.
(vi) The Petitioner shall not hamper the investigation.
11. The Registry is directed to place this order before any of the Registrar, who is available, for the purposes of furnishing personal bond.
Copy Dasti.
June 28, 2019 (Anoop Chitkara),
(PK) Judge
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