Himachal Pradesh High Court
Om Prakash Alias Ravi vs . State Of H.P. on 15 February, 2023
Author: Satyen Vaidya
Bench: Satyen Vaidya
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Om Prakash alias Ravi vs. State of H.P. Cr. MP (M) No.389/2023 15.2.2023 Present: Ms. Seema K. Guleria, Advocate, for the petitioner.
Mr. Pranay Pratap Singh and Mr. B.C. Verma, Addl. AGs, for the respondents/State.
Notice. Mr. B.C. Verma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent and seeks time to file status report.
List on 22nd February, 2023.
The petitioner has been booked for offence under Section 3 (1) of the Scheduled Caste and Schedules Tribe (Prevention of Atrocities) Act, 1989 and Section 504, 506 read with section 34 of the Indian Penal Code, in FIR No.23/2023, dated 13.2.2023, registered at Police Station Manali, District Kullu, H.P. Since the provisions of Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, have been incorporated in the FIR, petitioner is disentitled from making a prayer for pre-arrest bail. In these circumstances, he has surrendered before this Court and is duly identified by Ms. Seema K. Guleria, Advocate.
A prayer has been made for interim bail of the petitioner on the ground that he has been falsely implicated in the present case. It is contended that the complainant has enmity with Shri Dola Ram, who has been implicated in the present case, as co-accused and in order to harass Shri Dola Ram and his associates a false case has been lodged.
The right to liberty is a constitutional right and cannot be taken away easily. The case has been registered on ::: Downloaded on - 15/02/2023 20:33:45 :::CIS .
:: 2 :: Cr. MP (M) No.389/2023 13th February, 2023 and the investigating agency also requires sometime to arrive at the truth of the allegations. No prejudice shall be caused in case the petitioner is released on interim bail till the next date of hearing and such option may help the investigating agency to arrive at the truth of the allegations.
Accordingly, the petitioner is ordered to be released on interim bail till next date of hearing on furnishing his personal bond in the sum of Rs.25,000/- with one surety in the like amount to the satisfaction of Additional Registrar (Judicial) of this Court. This order shall, however, be subject to the following conditions :
i) That the petitioner shall make himself available for investigation as and when required.
ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer;
iii) That the petitioner shall not leave India without prior permission of the Court.
(Satyen Vaidya) Vacation Judge 15th February, 2023 (CS) ::: Downloaded on - 15/02/2023 20:33:45 :::CIS