IN THE HIGH COURT OF HIMACHAL PRADESH
.
SHIMLA
Cr.MP(M) No. 849 of 2019
Decided on : 21.5.2019
Baldev Singh Bhandari …..Petitioner
Versus
State of H.P. ….Respondent.
Coram:
The Hon’ble Mr. Justice Sureshwar Thakur, Judge.
Whether approved for reporting?1
For the petitioner: Mr. Karan Singh Kanwar, Advocate.
For the respondent: Mr. Hemant Vaid Mr. Desh Raj
Thakur, Addl. A.Gs. with Mr. Y.S.
Thakur Mr. Vikrant Chandel, Dy.
A.G.
Sureshwar Thakur, J (oral)
The instant petition has been instituted by the bail
petitioner under Section 439 Cr.P.C, wherethrough, he seeks the
indulgence of grant, of, prearrest bail, visàvis him, in respect of,
FIR No. 28 of 2019, of, 9.5.2019, constituted under Section 354 of
the Indian Penal Code, and, under Section 3 (1) (R) (S), of, the
Schedule Caste, and, Scheduled Tribe (Prevention of Atrocities) Act,
1989, registered at Women Police Station, Pachhad, District
Sirmour, H.P.
1
Whether reporters of the local papers may be allowed to see the judgment?
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2. On 15.5.2019, the bail applicant surrendered himself to
.
the jurisdiction of this Court and today, too, he has surrendered
himself to the jurisdiction of this Court, which comprises, and,
constitutes ‘deemed custody’, within, the meaning and ambit, of,
Section 439 Cr.P.C, for, hence rendering the instant petition
maintainable, under, the aforesaid provisions of law, there being a
statutory bar under the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, against, the preferment of a petition
under Section 438 Cr.P.C.
3. The Investigating Officer, Dushyant Sarpal, Deputy
Superintendent of Police, Rajgarh, District Sirmour, H.P. is present
in Court, and, reports that the bailapplicant, has, rendered the
fullest cooperation to him, visavis, his conducting the
investigation, visavis, the offences, borne in the FIR. A perusal of
status report, placed on record, discloses that the ascription, visa
vis, the bailapplicant qua his allegedly committing, the, offences
borne under Section 354 IPC, being generated, by the prosecutrix,
upon, hers, being allegedly pushed aside by the bail applicant,
while both were occupying the dais, at a public meeting, being
addressed at Saharan, by the Chief Minister of Himachal Pradesh.
The afore act made in full public view, and, in the competing effort
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of, both hence to occupy, the, vantage position, of, being sighted
.
on the dais, along with the Chief Minister of Himachal Pradesh,
prima facie hence is not ingrained with any vice, of, malafides, and,
of, any tinge, of, any incriminatory role, rather, is prima facie
generated merely upon, both, the afore contesting to occupy the
center stage, along with Chief Minister, of, Himachal Pradesh.
Consequently, it is not deemed fit to order for the custodial
interrogation of the bailapplicant/petitioner, moreso, when there is
no material placed on record by the prosecution, that, in the event
of indulgence of prearrest bail being granted, to the petitioner/bail
applicant, there is every likelihood of (a) his tampering with the
prosecution evidence, (b) influencing prosecution witnesses and (c)
fleeing from justice, hence the bail application is allowed, and, the
order rendered by this Court on 15.5.2019, is, made absolute,
subject to compliance by him with the following conditions:
i) That he shall join the investigation, as and when
required by the Investigating agency;
ii) That he 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 from disclosing such facts to the
Court or to the police;
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iii) That he shall not leave India without the
.
previous permission of the Court;
iv) That he shall deposit their passports, if
any, with the Police Station, concerned;
v) That in case of violation of any of the
conditions, the bail granted to the
petitioners shall be forfeited and he shall
be liable to be taken into custody;
vi) That he shall apply for bail afresh when the
challan is filed before the trial Court.
vii) That upon his reindulging in criminal activities,
it shall be open to the respondent, to move this
Court for cancellation of bail.
4. Any observation made herein above shall not be taken
as an expression of opinion on the merits of the case and the trial
Court shall decide the matter uninfluenced by any observation
made herein above.
Dasti copy.
(Sureshwar Thakur)
Judge
21st May, 2019
(kck)
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