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2018 DIGILAW 1004 (HP)

Mohinder Singh v. State of Himachal Pradesh

2018-05-28

CHANDER BHUSAN BAROWALIA

body2018
JUDGMENT : Chander Bhusan Barowalia, J. The present bail application, under Section 439 of the Code of Criminal Procedure, is maintained by the petitioners for releasing them on bail, in case F.I.R. No. 62 of 2018, dated 07.05.2018, under Sections 451, 355, 147, 504, 506-B of the Indian Penal Code and Section 9 of the Scheduled Castes and Scheduled Tribe Act, registered at Police Station Rohru, District Shimla, H.P. 2. As per the petitioners, they are innocent and have been falsely implicated in the present case. 3. Police report stands filed. The allegations against the petitioners, as per the prosecution are that on 07.05.2018, the petitioners went to the house of the complainant and threatened her to do away with her life and also passed racial comments to the complainant. Therefore, F.I.R., under Sections 451, 355, 147, 504, 506- B of the Indian Penal Code and Section 9 of the Scheduled Castes and Scheduled Tribe Act, was registered against the petitioners. However, during the course of investigation it has come on record that the case against the petitioners is only exists under Sections 451, 355, 147, 504 and 506 (1) of the Indian Penal Code and no case under Section 3(1) (s) of the Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act is made out against the petitioners. 4. Heard. As per the Police report, wherein it is mentioned that at this moment, no case is made out against the petitioners with respect to Section 3(1) (s) of the Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act, however the investigation is still going on. This Court finds that the petitioners are joining and cooperating in the investigation and neither in a position to flee from justice nor in a position to tamper with the prosecution evidence. Therefore, the present is a fit case where judicial discretion to admit the petitioners on bail is required to be exercised in their favour. So, it is ordered that the petitioners be released on bail, on their furnishing personal bond to the tune of ` 10,000/- (Rupees ten thousand) each, with one surety in the like amount each to the satisfaction of Investigating Officer. The bail is granted subject to the following conditions: (i). That the petitioners will join investigation of case as and when called for by the Investigating Officer in accordance with law. (ii). The bail is granted subject to the following conditions: (i). That the petitioners will join investigation of case as and when called for by the Investigating Officer in accordance with law. (ii). That the petitioners will not leave India without prior permission of the Court. iii. That the petitioners 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 Court. 5. Accordingly, the petition is disposed of.