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Himachal Pradesh High Court · body

2019 DIGILAW 876 (HP)

Urmila v. State Of Himachal Pradesh

2019-07-05

ANOOP CHITKARA

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JUDGMENT : Anoop Chitkara, J. The present petition is under Section 439 of the Code of Criminal Procedure, seeking ad-interim as well regular bail in F.I.R. No.156/2010, dated 10.09.2010, registered in Police Station, Bhoranj, District Hamirpur, Himachal Pradesh, under the provisions of Section 3 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "Act") and Sections 379 and 447 of the Indian Penal Code. 2. The petitioner is present and has surrendered to the jurisdiction of this Court and has been duly identified by the learned counsel for the petitioner. Notice. Learned Additional Advocate General, appears and waives service of notice on behalf of the respondent-State. 3. The other accused persons in the same FIR had applied for ad-interim bail on 28.6.2019. One of the said petition was registered as Cr.MP(M) No.1214 of 2019, which is also listed today. 4. The gist of the First Information Report and the investigation is as follows: (a) That the bail petitioner allegedly called the complainant by name and used the words which are prohibited under the provisions of the Act. (b) That the allegations are false, wrong and baseless and the petitioner has no connection with the said offence. (c) It has been specifically averred that the petitioner has been roped into the case by the police just to save the real culprits and at the behest of the complainant who has inimical relations with the petitioner owing to some land dispute and the present FIR is a counter-blast to that. (d) Hence, the present F.I.R. under the provisions of Section 3 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Sections 379 and 447 of the Indian Penal Code, was registered. 5. Section 3 (1) (s) of the Act reads as follows:- "abuses any member of a Scheduled Caste or a Scheduled Tribe by caste name in any place within public view:" 6. Section 18 and 18A of the Act bars the filing of application under Section 438 of the Code of Criminal Procedure and no anticipatory bail can be given to a person against whom allegations under the Act are leveled. For this reason, the petition is filed under Section 439 of the Code of Criminal Procedure for grant of regular bail and until the status report is filed by the Respondent, the petitioner is seeking ad-interim bail. 7. For this reason, the petition is filed under Section 439 of the Code of Criminal Procedure for grant of regular bail and until the status report is filed by the Respondent, the petitioner is seeking ad-interim bail. 7. Today, Investigating Officer Shri Rajeshwar Singh, Sub Inspector, Police Station, Bhoranj, District Hamirpur, is present in Court in all these cases and has filed status report in Cr.MP(M) No.1214 of 2019. He had brought the police file. I have seen the status report, which is filed in the aforesaid bail petition. Vide separate orders, all those bail petitions have been confirmed. Therefore, in stead of granting ad-interim bail, the petition can be disposed of today itself for the reason that the Investigating Officer is present and that the petitioner is not involved in any other crime except for the present case. 8. I have heard Ms. Aanandita Sharma, learned counsel for the petitioner. I have also heard Mr. Nand Lal Thakur, learned Additional Advocate General duly assisted by Ms. Divya Sood, learned Deputy Advocate General. They do not even intend to file separate status report in this bail petition. It has been requested by learned Additional Advocate General that the petitioner be directed to join investigation as and when called upon to do so. In view of the above, this petition can be disposed of today itself. 9. The petitioner is a native and permanent resident of Himachal Pradesh. Therefore, presence of the petitioner can always be secured. No purpose is gong to be served by sending the petitioner to Judicial Custody. I am of the considered opinion that petitioner is entitled to be released on bail. No recovery is to be effected from the petitioner. 10. At this stage, reference is being made to Section 437 of the Code of Criminal Procedure where the Legislature has mandated that the provisions of bail for woman are not stringent. 11. In the result, the petition is allowed. The petitioner shall be released on bail, in connection with the F.I.R. mentioned above, on furnishing personal bond in the sum of Rs.5,000/- (rupees five thousand only) to the satisfaction of any of the Registrar/ Additional Registrar/ Deputy Registrar of the Registry of this Court. 12. This Court is granting the protection subject to the conditions mentioned in this order. The petitioner shall be released on bail, in connection with the F.I.R. mentioned above, on furnishing personal bond in the sum of Rs.5,000/- (rupees five thousand only) to the satisfaction of any of the Registrar/ Additional Registrar/ Deputy Registrar of the Registry of this Court. 12. This Court is granting the protection subject to the conditions mentioned in this order. The petitioner undertakes to comply with all directions given in this order and the furnishing of bail bond by the petitioner is acceptance of all such conditions: (a) The petitioner is directed to join the investigation as and when called by the Investigating Officer. It shall be open for the Investigating Officer to call the petitioner as and when he feels such a necessity. The petitioner undertakes to appear before the Investigating Officer as and when directed to do so. However, whenever the investigation takes place within the boundaries of the Police Station or Police Post, then the Petitioner shall not be called before 9 A.M and shall be let off before 5 p.m. (b) The Petitioner shall neither influence nor try to control the investigating officer, in any manner whatsoever. (c) The petitioner undertakes not to threaten or browbeat the complainant or to use any pressure tactics. (d) The Petitioner undertakes not to 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 from disclosing such facts to the Court or any Police Officer or tamper with the evidence. (e) The Petitioner shall not hamper the investigation. (f) In case of the launching of the prosecution, the petitioner undertakes to attend the trial and to appear before the Court which issues the summons or warrants and shall furnish fresh bail bonds to the satisfaction of such Court. 13. Any observation made herein above shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made herein above. Petition stands allowed in the aforesaid terms.