Bichiter Singh & Another vs State Of Himachal Pradesh
2023 Latest Caselaw 18130 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP (M) No.2553 of 2023 Decided on : 20.11.2023

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Bichiter Singh & Another ...Applicants

Versus

State of Himachal Pradesh ...Respondent

Coram

The Hon'ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the applicants : Mr. Sat Prakash, Advocate.

For the respondent : Ms. Avni Kochhar Mehta,

Deputy Advocate General, assisted by ASI Pradeep Kumar I.O. Police Station Chowari, District Chamba, H.P.

Virender Singh, Judge (oral).

The applicants, apprehending their arrest, in

FIR No.133/2023, dated 01.10.2023, registered under

Sections 323, 354 and 506 of the Indian Penal Code

(hereinafter referred to as 'the IPC') with Police Station,

Chowari, Tehsil Bhatiyat, District Chamba have filed the

present application, under Section 438 of the Code of

Criminal Procedure (hereinafter referred to as 'CrPC'), with

a prayer that, in the event of their arrest, I.O./police of

Whether Reporters of local papers may be allowed to see the judgment? Yes.

Police Station Chowari, may kindly be directed to release

them, on bail.

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2. The relief, as prayed, in the application, has

been sought on the ground that due to personal enmity,

the complainant has lodged the false FIR, against them.

3. According to the applicants, cross­FIR No.134

of 2023, dated 01.10.2023, has also been got registered by

the wife of applicant No.1, against the complainant under

Sections 341, 323, 427 and 34 IPC.

4. As per the applicants, they are innocent

persons and they have nothing to do with the offences, for

which, they have been named, as accused, in the FIR, in

question.

5. According to the applicants, they are ready to

abide by any conditions, imposed by this Court, in case,

any direction, is issued to the police, under Section 438

Cr.PC.

6. On the basis of the above facts, Shri Sat

Prakash, Advocate, has given certain undertakings, on

behalf of the applicants, for which, they are ready to abide

by, in case, any direction is issued to the

Police/Investigating Officer, under Section 438 Cr.PC.

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7. On the basis of the above facts, a prayer has

been made to allow the application.

8. When put to notice, the police filed the status

report on 5.11.2023, disclosing therein that on 1.10.2023,

Jyoti Singh wife of Sanjay Kumar, has telephonically

informed the police that her daughters are all alone in the

home and their neighbours are beating them. She has

requested the Police to reach the spot.

8.1. Consequently, the police reached at the spot,

where, Payal Thakur D/o late Shri Sanjay Kumar, got

recorded her statement under Section 154 Cr.PC.,

disclosing therein that she has done her graduation in the

year 2022.

8.2. On 1.10.2023, at about 1.30 p.m., when she

was on her way to the house of their neighbour to bring

milk, but, no one was there in the house of the neighbour,

as such, she was returned back. When, she reached near

her field, at that time, Sushla Devi wife of Bichiter Singh,

was crossing from their fields. The said act was objected to

by the complainant, upon which, Sushla Devi has said that

the field is not of her father. Upon which, complainant has

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asserted that the said field is of her father.

8.3. Thereafter, said Sushla Devi had started

quarreling with her. She put the sickle on her neck and

threatened her to kill. The complaint had given a push to

Sushla Devi. Meanwhile, Sushla Devi screamed and called

her family members.

8.4. The complainant has also called her younger

sister, but, Bichater Singh (applicant) his son Mukesh

(applicant) and daughter­in­law Sapna also reached there.

Thereafter, Bichter Singh (applicant) and Mukesh has

started beating the complainant.

8.5. According to the further allegations, applicant

Bichiter Singh has torn the T­Shirt worn by the

complainant and has stated that he will humiliate her and

both the father and son had torn the T­Shirt and Lower

worn by the complainant. In the meanwhile younger sister

of the complainant reached there, who was also beaten by

both the applicants.

9. On the basis of the above facts, the FIR, in

question, has been registered and the police machinery

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swung into motion.

10. Both the injured were medico­legally examined

on 2.10.2023. On the identification of complainant Payal

Thakur, spot map was prepared and T­Shirt and lower

were also taken into possession.

11. From the spot, sickle was also got recovered,

which has been stated to be used by Sushla Devi.

Thereafter, the statement of complainant was got recorded

under Section 164 Cr.PC. The applicants were granted

interim protection.

12. Consequently, the applicants have joined the

investigation. The Police has also filed the supplementary

status report disclosing therein that cross FIR No.134 of

2023, was got registered against the complainant by the

wife of applicant No.1.

13. Lastly, it has been stated that the cross­FIR has

also been registered and investigation in both the cases

have been completed.

14. On the basis of the above facts, a prayer has

been made to dismiss the application.

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15. Heard.

16. The investigation in the present case is

complete and considering the fact that FIR have been got

lodged by both the parties against each other.

17. The role allegedly played by the applicants, as

well as, the complainant, in the commission of the alleged

offences, for which, they have been named, as accused, will

be proved during the trial.

18. Moreover, the trial of the case will take

sufficient long time, as such, no useful purpose would be

served by rejecting the applications, which would amount

to convict the applicants, prior to trial. Pre­trial

punishment is prohibited under the law. Punishment can

only be imposed, after the full fledged trial.

19. Considering the factual position, as mentioned

in the status report, this Court is of the view that the Police

is not able to make out a case, against the applicants, for

custodial interrogation. As such, the interim order dated

5th October, 2023, passed by this Court, is hereby made

absolute. Therefore, it is ordered that the applicants be

released, on bail, in the event of their arrest, in case FIR

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No.133 of 2023, dated 01.10.2023, registered with Police

Station, Chowari, District Chamba, H.P., under Sections

323, 354 and 506 IPC, on their furnishing personal bail

bonds, in the sum of ₹50,000/­, each, with one surety

each of the like amount, to the satisfaction of the

Investigating Officer.

20. This order, however, shall be subject to the

following conditions:

a) That the applicants will join the investigation of the case, as and when, called for, by the

Investigating Officer, in accordance with law;

b) That the applicants will not leave India, without

prior permission of the Court;

c) That the applicants will 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; and

d) That the applicants shall 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.

21. 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.

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22. The applicants are directed to move regular bail

applications, when charge sheet will be filed, in the

Competent Court of Law.

23. It is made clear that the respondent­State is at

liberty to move an appropriate application, in case, any of

the bail conditions, is found violated by the applicants.

( Virender Singh ) Judge November 20, 2023(ps)