Himachal Pradesh High Court
Kuldeep Singh @ Surinder vs State Of Himachal Pradesh on 20 March, 2023
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P.(M) No. 504/2023 Decided on: 20.03.2023 .
Kuldeep Singh @ Surinder .. ....Petitioner Versus State of Himachal Pradesh ...... respondent ......................................................................................... Coram The Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner :
For the respondent :
r to Mr. Naresh Sharma, Advocate.
Mr. B.N. Sharma, Mr. Raj Kumar Negi, Additional Advocates General and Ms. Avni Kochhar Mehta, Deputy Advocate General.
HC Virender Singh No.220, reader to ASP Shimla present in person.
Jyotsna Rewal Dua, J This bail petition arises out of the FIR No.37/2023, dated 25.02.2023 registered under Sections 341, 323, 504, 506 and 34 of Indian Penal Code and Sections 3(1)(s) and 3(2) (va) of the Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act, at Police Station Dhalli, District Shimla. H.P. By means of instant petition, petitioner has prayed for release on regular bail.
2. Interim protection was granted to the petitioner on 01.03.2023, subject to the conditions stipulated in the order.
1Whether reporters of the local papers may be allowed to see the judgment?
::: Downloaded on - 20/03/2023 20:33:15 :::CIS 23. The respondent has filed status report and also produced record of the case.
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4 As per the status report, the FIR in question was registered on the basis of a complaint made by one Chaman Lal to the effect that on 24.02.2023 at around 11.20 A.M. while he was on his way to residence, the petitioner stopped him and used derogatory words, prohibited under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against him. The petitioner and co-accused also gave beating to the complainant, as a result of which, he got injuries in his shoulder and arms. According to the status report, the petitioner pursuant to the interim protection has joined the investigation and is cooperating with the same.
Learned Additional Advocate General fairly stated that in the fact and circumstances of the case, custodial interrogation of the petitioner is not required. However, petitioner should continue to join and cooperate in the investigation.
5. In view of nature of allegations levelled against the petitioner, considering the fact that the petitioner is a resident of village Chikhar, Tehsil-Junga, District Shimla, Himachal Pradesh and therefore, his presence can always be secured in the trial and considering the fair submission made by learned Additional Advocate General that custodial interrogation of the petitioner is not required, ::: Downloaded on - 20/03/2023 20:33:15 :::CIS 3 the interim order passed on 01.03.2023 is made absolute, subject to following conditions:-
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(i). Petitioner is directed to join investigation of case as and when called for by the Investigating Officer in accordance with law;
(ii). Petitioner shall not hamper the investigation;
(iii). Petitioner undertakes not to contact the complainants, to threaten or browbeat them or to use any pressure tactics in any manner whatsoever;
(iv) Petitioner shall not leave India without prior permission of the Court;
(v). 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;
(vi). 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 their Aadhar Card, Telephone Number, E-mail, PAN Card, Bank Account Numbers, 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 ::: Downloaded on - 20/03/2023 20:33:15 :::CIS 4 Court shall decide the main matter without being influenced by the above observations.
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With the aforesaid observations, the present petition stand disposed of, so also the pending miscellaneous applications, if any.
Jyotsna Rewal Dua Judge 20th March 2023 (Rohit) ::: Downloaded on - 20/03/2023 20:33:15 :::CIS