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2018 DIGILAW 266 (HP)

Ramesh Goel v. State Of Himachal Pradesh

2018-03-07

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 petitioner for releasing him on bail, in case F.I.R. No. 204 of 2017, dated 03.10.2017, under Sections 504 & 506 of the Indian Penal Code and Section 39(i) (x) of SC & ST (Prevention of Atrocities) Act, registered at Police Station Baddi, District Solan, H.P. 2. As per the petitioner, he is innocent and has been falsely implicated in this case. Further he is joining and cooperating with the investigation and not in a position to flee from justice. 3. Police report stands filed. As per the prosecution, on 22.08.2017 at about 5:00 p.m., when complainant and the petitioner were sitting inside their factory, a scuffle took place between them and the petitioner started fighting with the complainant, he also abused the complainant by passing racial comments. Therefore, an F.I.R., under Sections 504 & 506 of the Indian Penal Code and Section 39(i) (x) of SC & ST (Prevention of Atrocities) Act, was registered against the petitioner. 4. Heard. After going through the Police report, this Court finds that even in the Police report, there is no evidence with respect to Section 39(i) (x) of SC & ST (Prevention of Atrocities) Act, so the case remains only under Sections 504 & 506 of the Indian Penal Code. Further this Court finds that the petitioner is joining and cooperating in the investigation, not in a position to flee from justice and also not in a position to tamper with the prosecution evidence. Therefore, the present is a fit case where judicial discretion to admit the petitioner on bail is required to be exercised in his favour. So, it is ordered that in the event of his arrest in this case, the petitioner be released on bail, on his furnishing personal bond to the tune of Rs. 20, 000/- (Rupees twenty thousand) , with one surety in the like amount to the satisfaction of Investigating Officer. The bail is granted subject to the following conditions: i. That the petitioner(s) will join investigation of case as and when called for by the Investigating Officer in accordance with law. ii. That the petitioner(s) will not leave India without prior permission of the Court. iii. The bail is granted subject to the following conditions: i. That the petitioner(s) will join investigation of case as and when called for by the Investigating Officer in accordance with law. ii. That the petitioner(s) will not leave India without prior permission of the Court. iii. That the petitioner(s) 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. Copy dasti.