Rewat Ram vs State of H.P

Surinder Singh, J.—The petitioner was arrested in this case on 22nd July, 2009 in FIR No. 288/2009 registered in Police Station, Kullu, u/s 302 read with Section 34 of the Indian Penal Code and Section 3 (1)10(XV) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act. His bail was rejected by the learned trial court and now he has approached this Court for seeking bail.

Challan has been presented in the Court on 20th October, 2009. Precisely, the prosecution case is that on 22nd July, 2009, at about 10.30 p.m., the mother of Dot Ram accused was allegedly molested by Mehar Chand, the nephew of deceased Kali Dass. This infuriated the accused persons and they went in search of Mehar Chand, but he was not found. Ultimately, Kali Dass deceased was caught hold by them. He was fisticuffed and also given kick as well as danda blows, with the result, he sustained injuries and became unconscious. Next morning, he was brought to hospital and the matter was reported to the police at 5 a.m. On the same day at 1.30 p.m., Kali Dass was declared dead. The allegation against the petitioner is that he had instigated the other accused persons to finish all the persons of a particular caste.

Against the above fact situation, in my view, to keep the petitioner in custody will not serve the ends of justice, but can be granted bail on suitable terms and conditions. Therefore, the petitioner is ordered to be enlarged on bail on his furnishing the bail bonds to the tune of Rs. 20,000/- with one surety of the like amount, to the satisfaction of learned Chief Judicial Magistrate, Kullu and this bail shall be subject to the following conditions that the petitioner:

(i) Shall present himself in the court as and when required and also in the court whenever required to do so;

(ii) shall not terrorize the witnesses of the prosecution in any manner or the community members of the complainant party; and

(iii) shall not 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 truly to the court or to any police officer.

In case the petitioner shall make breach of any of the conditions aforesaid, the liberty of his bail shall be cancelled.

Any observation made hereinabove, shall not directly or indirectly affects the merits of this case in any manner and the learned trial court shall not be influenced by any observation made hereinabove and shall decide the matter on merits.

An authenticated copy be sent to the learned Chief Judicial Magistrate, Kullu, for his intimation and necessary action at his end.

In case the parties apply for urgent copies, it be supplied to them as per rules.

Petitions stand disposed of.