Pawan Kumar vs State of H.P.

Surinder Singh, J.—Heard and gone through the report filed.

Petitioner has been arrested in FIR No. 27 of 2010 dated 9.2.2010, under Sections 354 and 506 Indian Penal Code read with Section 3(1) (10) (11) (12) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities Act), 1989.

The Petitioner herein was the Incharge of the Hostel situated at Salogra, run by the N.G.O. under the head and style of "Bhartiya Janjatiya Hostel", where some of the inmates were admitted from Jharkhand and some from Himachal Pradesh belonging to Scheduled Caste & Scheduled Tribes. Petitioner is alleged to have outraged their modesty being the members of such caste.

According to the learned Additional Advocate General, challan is complete and his likely to be filed in the Court. Police is also stated to have verified about the permanent address and landed property of the Petitioner and it is informed that the Petitioner has a house and landed property at Haridwar.

In view of the above situation, the continued custodial interrogation of the Petitioner, in my opinion is not required. Therefore, the Petitioner is ordered to be enlarged on bail on his furnishing bail bonds in the sum of Rs. 10,000/- with two surety in the like amount to the satisfaction of the learned Chief Judicial Magistrate, Solan. Out of the two sureties, one shall be local surety and this bail shall be subject to the conditions that the Petitioner:

(a) shall report to the Dy. S.P. Narbir Rathore on 23.3.2010 at 11 a.m. and shall keep on reporting once in a week to the said Investigating Officer as directed by him till the challan is presented in the court and thereafter present himself in the Court as and when required;

(b) shall not terrorize prosecution witnesses in any manner; and

(c) shall not make any inducement, or promise to any person acquainted with the facts and circumstances of this case so as to dissuade him from disclosing such facts to the court or the Police officer.

Needless to say in case he commits any breach of any of the conditions above, the liberty of bail shall be cancelled.

Any observation, made hereinabove is strictly for the disposal of this bail petition and shall not mean any expression on the merits of the case.

Let an authenticated copy of this order be sent to the learned Chief Judicial Magistrate, Solan forthwith for his information and necessary action at his end.

The urgent copies of this order be supplied to the counsel for the Petitioner, as per rules. The application stands disposed of.