Himachal Pradesh High Court
Monita Chauhan vs State Of H.P on 4 August, 2023
Author: Virender Singh
Bench: Virender Singh
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT
SHIMLA
Cr. MP(M) No. 1944 of 2023
Decided on : 4.8.2024
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Monita Chauhan
...Applicant
Versus
State of H.P.
...Respondent
of
___________________________________________
Coram
Hon'ble Mr. Justice Virender Singh, Judge
Whether approved for reporting?
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________________________________________________
For the Applicant : Mr. Devender K. Sharma,
Advocate.
For the Respondent : Mr. Mohinder Zaraick, Mr.
Harinder Singh Rawat, Mr.
Tejasvi Sharma, Additional
Advocates General and Ms.
Avni Kochhar Mehta & Ms.
Leena Guleria, Deputy
Advocates General.
Virender Singh, Judge (oral)
The applicant has filed the present application, under Section 439 of Code of Criminal Procedure (hereinafter referred to as 'the Cr.P.C.') by surrendering ::: Downloaded on - 08/08/2023 20:34:10 :::CIS 2 herself to the custody of this Court. She has filed the present application for releasing her on bail, in case FIR No. 74 of 2023, dated 31.7.2023, under Section 3(1) (s) of .
the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, (hereinafter referred to as 'the SC & ST Act"), registered with Police Station Chirgaon, District of Shimla.
2. By way of present applicant, the applicant, on rt 2.8.2023, has surrendered herself to the custody of the Court.
3. Thereafter, status report was called from the Police, in which, Police has mentioned that complainant, Priti Thanta moved an application, before it, disclosing therein that she is resident of the address, mentioned in the application.
3.1. Applicant Monita Chauhan, as per the case of complainant, has been calling the complainant, Printi Thanta, by her caste, for considerable long time. She has ::: Downloaded on - 08/08/2023 20:34:10 :::CIS 3 elaborated the fact that applicant used to call her 'Koli'. As such, she has tried to malign her.
3.2. On 28.6.2023, when the complainant came to .
Shimla in order to pursue her work in Himachal Pradesh Secretariat, then, on seeing her, the applicant uttered the following words:
of "Mihni ki kolti aa gai"
3.3. In addition to this, the applicant has also rt abused the complainant and said that she is not characterless, like the complainant. Thereafter, the complainant lodged the complaint with Mahila Police Station, BCS, where the applicant had tendered a written apology. Thereafter, the applicant has started propagating against the complainant and used to say that 'Koli' is to be called 'Koli'. It is her further case that the applicant always tortures the complainant, by calling her by caste.
3.4. On the basis of above facts, she has prayed that the FIR may kindly be registered against her.::: Downloaded on - 08/08/2023 20:34:10 :::CIS 4
4. Upon this, the Police registered the FIR and investigation was then entrusted to the Dy.S.P., Rohru.
5. On 2.8.2023, while releasing the applicant on .
interim bail, she has been directed to join the investigation and the matter was adjourned for today.
6. Today, the Police filed supplementary status of report, disclosing therein that the bail applicant has joined the investigation, on 3.8.2023. The case of the Police is rt that nothing is to be recovered, from her, in this case.
7. Apart from this, the Police has also mentioned the details of the cases, which have been registered, against the applicant, which are reproduced as under:
i) FIR No. 279 of 2018, dated 11.12.2018, under Section 143, 188, 336 IPC, registered with P.S. Chirgaon.
ii) FIR No. 238 of 2019, dated 17.11.2019, u/s 143, 188 and 336 IPC, registered with Police Station, Sadar, Shimla.::: Downloaded on - 08/08/2023 20:34:10 :::CIS 5
8. Both the above cases are stated to be under consideration.
9. On the basis of above facts, a prayer has been .
made to dismiss the present application.
10. The role, allegedly played by the applicant, in the commission of offences, will be proved during the trial.
of The pre-trial punishment is prohibited, under the law.
11. It is not the case, where custodial interrogation rt of the applicant is required, by the Police, nor such request has been made by the Police, in the status report.
12. It is the specific case of the Police that the applicant, while being released on interim bail, has joined the investigation and nothing is to be recovered, in this case.
13. Considering all these facts, the interim order dated 2.8.2023 is liable to be confirmed. Consequently, interim order dated 2.8.2023, is made absolute. She is ordered to be released on bail in case FIR No.74 of 2023, ::: Downloaded on - 08/08/2023 20:34:10 :::CIS 6 dated 31.7.2023, under Section 3(1) (s) of the the SC & ST Act, registered with Police Station, Chirgaon, District Shimla, on her furnishing personal bond in the sum of Rs.
.
50,000/-, with one surety in the like amount, to the satisfaction of the Investigating Officer. This order, however, shall be subject to the following conditions:-
of
a) That the applicants will join the investigation of the case, as and when called for, by the Investigating Officer, in accordance with law;
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b) That the applicant will not leave India, wit hout prior permission of the Court.
c) That the applicant will 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/her from disclosing such facts to the Investigating Officer or the Court.
d) That the applicant shall make herself available for the purpose of interrogation, if so required and regularly attend the trial Court, on each and every date of hearing, and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application.::: Downloaded on - 08/08/2023 20:34:10 :::CIS 7
e) That the applicants shall move applications for bail, as and when the police filed the final report under Section 173(2) Cr. P.C. .
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14. In view of above, the bail application is disposed of.
15. Any of the observations, made hereinabove, shall not be taken as an expression of opinion, on the of merits of the case, as these observations, are confined, only to the disposal of the present bail application.
rt 16 It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions, is found to be violated by the applicant.
(Virender Singh) Judge August 4, 2023 Kalpana ::: Downloaded on - 08/08/2023 20:34:10 :::CIS