JUDGMENT Vivek Singh Thakur, J . (Oral) - This petition has been preferred seeking regular bail under Section 3(1) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 'SC & ST Act'), and Sections 420, 467, 468, 471 and 120-B of Indian Penal Code (in short 'IPC) in case FIR No.162 of 2017, dated 11.11.2017, registered in Police Station, Bhunter, District Kullu, Himachal Pradesh 2. The petitioners-accused had surrendered in the Court on 05.02.2020, whereupon they were taken into custody by the order of the Court. Thereafter taking the petitioners in custody, they were enlarged on bail till 20.02.2020 and thereafter the said bail was extended up to 11.03.2020 and 20.03.2020 i.e. till date. 3. It is the case of the complainant that he had purchased 1 Bigha 11 Biswas of land comprised in Khasra No.4377, out of 2 Bigha 13 Biswas from Surender Kumar in the year 1992. The said land was jointly owned and possessed by Devinder Kumar and Surender Kumar and during partition proceedings between them, in the year 2007, entries of the land purchased by the complainant in the revenue papers were changed in favour of Devender Kumar in connivance with revenue officials behind the back of the complainant. Later on the land was acquired for construction of four lane road and at that time complainant came to know about the revenue entries and a dispute arose between the parties leading to the lodging of FIR in Police Station, Bhunter, District Kullu, Himachal Pradesh on 11.11.2017. 4. Status report stands filed, wherein it is stated that after lodging of FIR investigation was undertaken and cancellation report was filed before the trial Court, which has now been returned by the Court for reinvestigation in the case and reinvestigation is almost complete and challan shall be presented in the Court on completion of the investigation. 5. Petitioners have also referred judgment dated 28.02.2020, passed by a Coordinate Bench of this Court in Cr.M.P. (M) No. 195 of 2020, titled as Nimat Ram vs. State of H.P., wherein it is observed that revenue entries now stand corrected and shares of the respective parties including the complainant have now been reflected correctly in the revenue record in consonance with the shares depicted in the sale deed and further that co-accused Tehsildar and Kanungo have already been enlarged on bail by the Coordinate Bench. 6.
6. In present case also bail petitioners are cooperating with the Investigating Agency and there is no requirement of their custodial interrogation. 7. Considering entire facts and circumstances of the case, I am of the opinion that no fruitful purpose is going to be served by keeping the petitioners behind the bars during trial and it is a fit case for enlarging the petitioners on bail during pendency of trial. Therefore, subject to their furnishing personal bonds in the sum of Rs. 25,000/- each with one surety each in the like amount to the satisfaction of learned Special Judge-cum-Sessions Judge, Kullu, H.P., within two weeks from today, petitioners are enlarged on bail in case FIR No.162 of 2017, dated 11.11.2017, under Section 3 (1) of SC & ST Act, and Sections 420, 467, 468, 471 and 120-B of IPC and also subject to following further conditions:- (i) That the petitioners shall make themselves available to the police or any other Investigating Agency or Court in the present case as and when required; (ii) that the petitioners shall 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 Court or to any police officer or tamper with the evidence. They shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses; (iii) that they shall not obstruct the smooth progress of the in vestiga ti on/trial; (iv) that the petitioners shall not commit the offence similar to the offence to which they are accused or suspected; (v) that the petitioners shall not misuse their liberty in any manner; (vi) that the petitioners shall not jump over the bail; and (vii) that they shall keep on informing about the change in addresses, landline numbers and/or mobile numbers, if any, for their availability to Police and/or during trial. 8. It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioners as deemed necessary in the facts and circumstances of the case and in the interest of justice. 9. In case the petitioners violate any condition(s) imposed upon them, their bail shall be liable to be cancelled. In such eventuality, prosecution may approach the competent Court of law for cancellation of bail, in accordance with law. 10.
9. In case the petitioners violate any condition(s) imposed upon them, their bail shall be liable to be cancelled. In such eventuality, prosecution may approach the competent Court of law for cancellation of bail, in accordance with law. 10. Learned Special Judge -cum -Sessions Judge, Kullu, Himachal Pradesh, is directed to comply with the directions issued by the High Court, vide communication No.HHC.VIG./Misc. lnstructions/93-IV.7139 dated 18.03.2013. 11. Observations made in this petition hereinbefore shall not affect the merits of the case in any manner and are strictly confined for the disposal of the bail application. Petition stands disposed of in the aforesaid terms. Copy Dasti.