Bhag Singh vs State Of Himachal Pradesh
2023 Latest Caselaw 5864 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                         Cr.MP(M) No.: 933 of 2023




                                                                     .
                                         Decided on : 15.05.2023





     Bhag Singh                                                  ....Petitioner.

                                         Versus





     State of Himachal Pradesh                                   ...Respondent.

     Coram





     The Hon'ble Mr. Justice Satyen Vaidya, Judge.
     Whether approved for reporting? 1

     For the petitioner          :Mr. H.S. Rana, Advocate.

     For the respondent          :Mr. B.N. Sharma, Additional

                                 Advocate General.


     Satyen Vaidya, Judge (Oral)

Petitioner has approached this Court for

grant of pre-arrest bail, in case FIR No. 86/2023,

dated 21.03.2023, registered under Sections 3(1)(g)

of the Scheduled Castes and Schedules Tribes

(Prevention of Atrocities) Act, 1989, at Police Station

Nalagarh, District Solan, H.P.

2. The accusation against petitioner is that

in 2021, he disrupted and blocked the water line

1 Whether reporters of the local papers may be allowed to see the judgment?

catering to the complainant, who is a member of

Scheduled Caste. It is alleged that on 16.05.2021,

.

complainant made a complaint. Police recorded the

DDR, but no case was registered. Now, the case has

been registered on 21.03.2023.

3. On 18.04.2023, petitioner was admitted

to interim bail by a Co-ordinate Bench of this

Court. Thereafter,

petitioner has

investigation time to time as required by the r joined the

investigating officer of the case.

4. Petitioner submits that he has been

implicated in a false case. Complainant has rivalry

against petitioner on account of political reasons. It

is further submitted that the complaint of 2021 is

being prosecuted now, which by itself reveals the

falsity of its contents.

5. I have heard learned counsel for the

petitioner as well as learned Additional Advocate

General and have also gone through the status

report.

6. There is no allegation that after the

.

alleged blockage of water pipe line in the year 2021,

petitioner has again indulged in any similar

activity. The allegations pertain to year 2021 and

are subject to proof during trial.

7. The investigation is complete and

challan is in the process of being filed. No recovery

is to be effected from the petitioner. Even otherwise

his custodial interrogation is not warranted in the

facts and circumstances of the case.

8. Petitioner is permanent resident of

Village Hatra, P.O. Jhajra, Tehsil Nalagarh, District

Solan, H.P. and there is no likelihood of his

absconding from the course of justice.

9. Keeping in view the entirety of facts and

circumstances of the case, the instant petition is

allowed. Order dated 18.04.2023 is confirmed.

10. Observations made here-in-above are

only for the purpose of this application and shall

.

have no bearing on the merits of the case.

                                         (Satyen Vaidya)
                                              Judge
    15th May, 2023
        (sushma)




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