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2025 DIGILAW 1014 (HP)

Yajuvendra v. State of Himachal Pradesh

2025-05-14

VIRENDER SINGH

body2025
JUDGMENT : Virender Singh, J. 1. This order of mine shall dispose of the present bail applications, which have been filed by the applicants, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) in case FIR No. 21 of 2025, dated 20.3.2025, registered under Sections 326 (a), 303 (2), 352, 190, 191 (2), 351 (3) of the Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the BNS’), Sections and Section 3(1)(s) of Schedule Castes and Schedule Tribes Act (hereinafter referred to as ‘the SC & ST Act’), with Police Station, Rajgarh, District Sirmour, H.P., by surrendering themselves to the custody of the Court, on 1.5.2025. 2. By surrendering themselves to the custody of the Court, they have sought their release on bail, in the aforesaid FIR. 3. According to the applicants, they are innocent persons and have falsely been implicated in the present case. 3.1 According to the applicants, they are ready to abide by any conditions to be imposed by this Court, in case, ordered to be released on bail. 4. The applicants have given certain undertakings, through their counsel, for which, they are ready to abide by, in case, relief is granted to them. 5. When, put to notice, the Police filed status report, disclosing therein that on 3.12.2024, complainant Jagat Ram made a report to the Police Station, Rajgarh, disclosing therein that as per the order dated 3.12.2024, passed by the Court of learned Additional Sessions Judge, Sirmour at Nahan, complainant Jagat Ram was permitted to lay water pipe from the water source, and the case was ordered to be listed on 23.3.2025 before the Court of learned JMFC, Rajgarh, District Sirmour, H.P. 5.1 Thereafter, the complainant on 17.3.2025, laid 50 feet water pipe to get the water facility. On 19.3.2025, 13 persons of village Bhanat, namely, Arun Kumar S/o Lachhmi Nand, Rajinder S/o Het Ram, Ranbir Singh S/o Gopi Ram, Kailash S/o Pratap Singh, Ranjot, Subhash S/o Shiv Ram, Pramod S/o Vedvyas, Albel Singh S/o Ghanu Ram, Kush S/o Kaku Ram and Narender S/o Ramanand damaged the pipe and took the same to their village. On 19.3.2025, 13 persons of village Bhanat, namely, Arun Kumar S/o Lachhmi Nand, Rajinder S/o Het Ram, Ranbir Singh S/o Gopi Ram, Kailash S/o Pratap Singh, Ranjot, Subhash S/o Shiv Ram, Pramod S/o Vedvyas, Albel Singh S/o Ghanu Ram, Kush S/o Kaku Ram and Narender S/o Ramanand damaged the pipe and took the same to their village. When, the complainant called the persons, who were taking away the pipes, they abused him and applicants Arun Kumar, Rajender, Yajuvender and Avinash told the complainant that they shall not permit him to carry the pipe and also uttered the words, “Tu koli sar par chadha hua hai, tujhe hum batayenge”. 5.2 On the basis of above facts, the Police registered the FIR in question. 5.3 Thereafter, the investigation of the case was entrusted to the SDPO, Sirmour, H.P. Subsequently, the I.O. visited the spot in the presence of the complainant and spot map was prepared. Photography and videography was conducted on the spot. The statements of the witnesses were recorded, under Section 180 BNSS. 5.4 Thereafter, requisite correspondence was made to obtain caste certificate, pedigree table and notification specifying the castes. 5.5 On 24.3.2025, the complainant produced the copy of order dated 3.12.2024, passed by the Court of learned Additional Sessions Judge, Sirmour at Nahan. In the status report, operative portion of the judgment has also been reproduced, which reads as under: "In view of my finding on Point No. 1 above, the instant appeal succeeds and the impugned order dated 01.02.2024 passed in civil Misc. Application No 232/2023 is modified to the following extent that the respondents are hereby restrained from interfering/removing an any manner the water pipe line installed by the applicant/plaintiff from the said water source over the land comprised in Khasra No 215/2, which is part of Khasra No 215 situated in revenue village Bhanat, Tehsil Rajgarh, District Sirmaur, HP either by themselves or through their agents etc. till final disposal of the main suit. It is however made clear that the observations made herein above are solely for the disposal of this appeal and shall not be construed as an expression of opinion on the merits on the main suits. The record of the trial court alongwith a copy of this judgment be returned forthwith and the appeal file after completion be consigned to the record room. The record of the trial court alongwith a copy of this judgment be returned forthwith and the appeal file after completion be consigned to the record room. Announced in the open Court today the 3 rd December, 2024.” 5.6 It is the further case of the Police that applicant Arun Kumar submitted a complaint, disclosing therein, that on the date of incident, he was in Haryana. Thereafter, the requisite correspondence was made to the service provider of mobile phone No. 98574-34998, issued in the name of applicant Arun Kumar. 5.7 On 1.4.2025, as per the report made by Tehsildar, Rajgarh, the complainant was found to be from ‘Koli’ caste, which falls within the definition of “Schedule Castes”, whereas, the applicants were found to be from ‘General Category’ (Rajput Caste). 5.8 It is the further case of the Police that tower location of mobile phone used by applicant Arun Kumar was found near Gurukul School, Kurukshetra, on the date of incident. 5.9 It is the further stand of the Police that as per the orders passed by the Court of learned Additional Sessions Judge, Sirmour, the complainant on17.3.2025, has connected 50 feet pipe with the source tank and facilitated to carry water to his home 5.10. On 19.3.2025, the complainant was present alongwith the herd of sheeps in Kansela jungle, then, at about 10:30 a.m., 12 persons from Bhanat village removed the 50 feet pipe and threatened the complainant to kill him and also made caste based aspersions. Ram Gopal and Chaman Lal were also present there. Accused persons also hurled stones towards the complainant. They are also stated to have taken away the plastic pipe with them. 5.11 On the basis of above facts, it has been prayed that 50 feet pipe, which the applicants had allegedly taken away, is yet to be recovered. 5.12 On the basis of above facts, the applicants were ordered to be released on interim bail, with the direction to join the investigation and the matter has been adjourned for 6.5.2025. 5.13 On 6.5.2025, complainant appeared in person. On that date, Police filed supplementary status report. In pursuance of the directions issued by this Court, the applicants have joined the investigation. The plastic pipe was also taken into possession. 5.13 On 6.5.2025, complainant appeared in person. On that date, Police filed supplementary status report. In pursuance of the directions issued by this Court, the applicants have joined the investigation. The plastic pipe was also taken into possession. After the same was identified by the complainant to be the same pipe, which the applicants had taken away, the length of the said pipe was measured and the same was found to be 21 feet. 5.14 Today, the complainant has filed the objections through his counsel, in which, apart from the civil litigation, between the parties, it has been pleaded that the applicants, in connivance with the department have thrown away the pipe line. He has asserted his claim to lay the pipe line, on the basis of decision of the Court of learned Additional Sessions Judge, Sirmour at Nahan. 5.15 According to the complainant, the applicants have violated the orders passed by the Court of learned Additional Sessions Judge, Nahan, H.P. Apart from this, he has apprehended that in case, the interim order(s) dated 1.5.2025 are made absolute, the applicants may tamper with the evidence. As such, complainant has prayed that the bail applications may kindly be dismissed. 5.16 In the status report, filed by the Police, it has been pleaded that the respondent No. 2/complainant is having dispute with Jal Shakti Department, regarding source of water, which is situated on khasra No. 215/2, in revenue village Bhanat. 5.17 Lastly, it has been apprehended by the Police that nothing is to be recovered from the applicants and investigation, in the present case, is almost complete. 6. On the basis of above facts, a prayer has been made to dismiss the application. 7. Heard. 8. Investigation, in the present case, is complete and the role, allegedly played by the applicants, in the commission of offences, will be proved during the trial. At the time of deciding the bail applications, the detailed discussion about the material collected by the I.O.should be avoided, as it would cause prejudice to the case of prosecution or to the case of accused. 9. The bail applications cannot be dismissed, as a matter of punishment, as pre-trial punishment, is prohibited under the law, and the applicants are presumed to be innocent, till the conclusion of the trial. 10. Considering all these facts, the interim orders dated 1.5.2025 passed in all the cases, are liable to be confirmed. 9. The bail applications cannot be dismissed, as a matter of punishment, as pre-trial punishment, is prohibited under the law, and the applicants are presumed to be innocent, till the conclusion of the trial. 10. Considering all these facts, the interim orders dated 1.5.2025 passed in all the cases, are liable to be confirmed. Consequently, interim orders dated 1.5.2025, passed in all the cases, are made absolute. This order, however, shall be subject to the following conditions:- a) That the applicants shall join the investigation of the case, as and when called for, by the Investigating Officer, in accordance with law; b) That the applicants shall not leave India, without prior permission of the Court. c) That the applicants 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 the Investigating Officer or the Court. d) That the applicants shall make themselves available for the purpose of interrogation, if so required and regularly attend the trial Court, on each and every date of hearing, and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application. 11. In view of above, the bail application are disposed of. The pending application(s) if any, are also disposed of. 12. Any of the observations, made hereinabove, shall not be taken as an expression of opinion, on the merits of the case, as these observations, are confined, only to the disposal of the present bail applications. 13. The applicants are directed to move regular bail application, when, charge sheet will be filed in the competent Court of law. 14. It is made clear that the respondent-State is at liberty to move an appropriate application(s), in case, any of the bail conditions, is found to be violated by the applicant(s).