Jyotsna Rewal Dua, J
1. This petition under Section 439 of Code of Criminal Procedure is in relation to FIR No. 75/2021, dated 28.6.2021, registered under Section 506 of
Indian Penal Code and Section 3(1)(r)(s) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, at Police Station, Karsog,
District Mandi.
2. As per the status report, case against the petitioner was registered on the basis of a complaint lodged by one Dola Ram on 28.6.2021. The
complainant had alleged that the petitioner had used derogatory and threatening words against him on 26.6.2021. The status report does not dispute
that pursuant to the ad-interim protection granted to the petitioner vide order dated 02.07.2021, he has joined the investigation and is co-operating the
investigating agency. According to the status report, no further investigation or recovery remains to be effected from the petitioner. Learned counsel
for the petitioner submits that the petitioner shall continue to join and cooperate the investigating agency as and when directed.
Whereas, learned Additional Advocate General has not opposed the confirmation of the interim protection granted to the petitioner. However, he has
submitted that in case the court is inclined to grant the bail to the petitioner, the same be made subject to the condition that petitioner shall continue to
join the investigation as and when directed by the investigating agency.
3. Looking into the nature of the allegations levelled against the petitioner, his custodial interrogation is not warranted. The status report records the
fact that the petitioner has joined the investigation and is co-operating the investigating agency. Petitioner is local resident of village Mashog, Tehsil
Karsog, District Mandi, therefore, his presence can be ensured in the trial. Accordingly, order dated 02.07.2021 is made absolute subject to following
conditions:
(i) Petitioner is directed to join the investigation of the case as and when called for by the Investigating Officer in accordance with law. He shall fully
cooperate the Investigating Officer and will appear before him in the concerned police station as and when called in accordance with law;
(ii) Petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever:
(iii) Petitioner shall not contact the complainant or her family members in any manner whatsoever.
(iv) Petitioner will not leave India without prior permission of the Court.
(v) 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;
(vi) In case of launching of prosecution, petitioner 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 above observations.
With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any.
Copy Dasti.
