Himachal Pradesh High Court
Kewal Singh @ Chaudhary Ram vs State Of H.P on 28 February, 2023
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Cr.MP(M) No.85 of 2023
Decided on: 28th February, 2023
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Kewal Singh @ Chaudhary Ram ....Petitioner
Versus
State of H.P. ...Respondent
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Coram
Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge
1 Whether approved for reporting?
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For the petitioner:
r Mr. Narinder Guleria, Advocate.
For the respondent: Ms. Seema Sharma, Deputy Advocate
General.
ASI Ashwani Kumar, IO Police Station
Shahpur, District Kangra, HP present
with record.
Jyotsna Rewal Dua, Judge
Petitioner has moved for grant of anticipatory bail
under Section 438 of Code of Criminal Procedure in FIR No. 103 of
2022, dated 26.11.2022, registered under Sections 376, 506 & 341
of Indian Penal Code and Sections 3(1)(za) a, 3(2) Va, 3(1)(s) of the
Scheduled Castes and Schedule Tribes (Prevention of Atrocities)
Act, 1989, at Police Station Shahpur, District Kangra, H.P.
Ad-interim protection was granted to the petitioner on 11.01.2023.
Whether reporters of Local Papers may be allowed to see the judgment?
Status reports have been filed by the respondent.
2. Status reports and record produced by the respondent
show that the FIR was registered on the basis of a complaint. The
.
complainant is a lady, aged 38 years. In her complaint made in
October, 2022, she has stated having accompanied the petitioner
to his village about six years ago. He made available to her a
rented accommodation for her stay in the village. Though, they
both resided separately but maintained cordial relations with each
other. However, after some time, petitioner's behaviour with her
changed. He started pressurizing the complainant to establish
physical
relations with him. The complainant alleged her
harassment by the petitioner and that she was given frequent
beatings by the petitioner and his brother. She also alleged use of
objectionable words against her by them. She also levelled
allegations that the petitioner and his family members were not
allowing her to take water from the hand pump. They were not
providing her a passage to go to her land. On the basis of these
allegations, FIR was registered against the petitioner on
26.11.2022.
3. Investigation into the matter was carried out by the
respondent. As per status report, hand pump was meant for public
use and is functioning properly. According to the status report, the
complainant had never made any similar complaint against the
petitioner to the Gram Panchayat. The land owned by the
complainant is still standing in her name in the revenue record.
During investigation, offences under Sections 341 of IPC and
.
3(1)(za) of the SC & ST Act were not found to have been committed
by the petitioner. Accordingly, these sections were deleted from the
FIR. Record produced by the respondent also includes
respondent's earlier report about the complainant having
previously preferred umpteenth number of
complaints/representations against several villagers in past, which
were found to be incorrect during investigation.
4.
Learned Deputy Advocate General, on the basis of
instructions imparted to her, states that the petitioner has joined
the investigation and is co-operating with the investigating agency.
The status report does not even press for custodial investigation of
the petitioner. The petitioner is local resident. There is no
apprehension of his fleeing from the justice.
5. In view of the nature of allegations levelled against the
petitioner, the investigation carried out by the respondent so far,
the evidence collected by the respondent, coupled with the fact
that the petitioner has joined the investigation and is co-operating
with the respondent, I of the considered view that the petitioner
has made out a case for confirmation of interim bail. Accordingly,
the present petition is allowed. The interim protection granted to
the petitioner vide order dated 11.01.2023 is made absolute
subject to following conditions:-
(i). The petitioner shall join and cooperate the
investigation of the case as and when called for by
.
the Investigating Officer in accordance with law.
(ii). The petitioner shall not tamper with the evidence or
hamper the investigation in any manner whatsoever.
(iii). The petitioner will not leave India without prior
permission of the Court.
(iv). The petitioner shall not 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/her from
disclosing such facts to the Court or any Police
Officer.
(v)
The petitioner shall not contact, threaten or
intimidate the victim/complainant and their family
members in any manner whatsoever.
(vi). In case the petitioner is put to trial, then he shall
attend the trial on every hearing, unless exempted in
accordance with law.
(vii). Petitioner shall inform the Station House Officer of
the concerned police station about his place of
residence during bail and trial. Any change in the
same shall also be communicated within two weeks
thereafter. Petitioner shall furnish details of his
Aadhar Card, Telephone Number, E-mail, PAN Card,
Bank Account Number, if any.
In case of violation of any of the terms & conditions of
the bail, respondent-State shall be at liberty to move appropriate
application for cancellation of the bail. It is made clear that
observations made above are only for the purpose of adjudication
of instant bail petition and shall not be construed as an opinion on
the merits of the matter. Learned Trial Court shall decide the
matter without being influenced by any of the observations made
hereinabove.
.
With the aforesaid observations, the present petition
stands disposed of, so also the pending miscellaneous
application(s), if any.
Jyotsna Rewal Dua
Judge
February 28, 2023
R.Atal
