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Judgment
Kuldip Singh, J.—The petitioner has filed application u/s 439 Cr.P.C. for releasing her on bail in FIR No. 295/11 dated 27.12.2011 u/s 3(i) (x) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short Act) and under Sections 506, 504 IPC .
It has been stated that husband of the petitioner has purchased a piece of land for construction of house at village Banreroo from one Smt. Prabhu Devi and Joginder Lal. One Smt. Yontan Negi has also purchased a piece of land from Smt. Prabhu Devi which is adjoining to the plot of her husband. There is litigation between Yontan Negi, petitioner and Babu Ram Sharma. The suit filed by husband of petitioner Babu Ram has been decreed recently by the trial Court. One more suit is pending between the parties.
Smt. Yontan Negi has lodged an FIR No. 274/11 on 4.12.2011 in which husband of the petitioner has been released on bail by learned Addl. Sessions Judge ( Fast Track Court), Shimla on 20.12.2011. Smt. Yontan Negi on false allegations got registered FIR No. 295/11 on 27.12.2011 from her sister Sonam Negi against petitioner. The petitioner on account of registration of FIR No. 295/11 dated 27.12.2011 apprehends her arrest in the case. The petitioner is ready to furnish bail bonds in accordance with the directions of this Court. The custodial interrogation of the petitioner is not necessary. The submission has been made for grant bail to the petitioner.
The status report has been filed and bail application has been opposed. It has been stated that in the intervening night of 26,27/12.2011 Sonam Negi came to police station, Dhalli, submitted a written complaint stating therein that on 26.12.2011 at about 3 p.m. petitioner used un-parliamentary language and abused the complainant by her caste and insulted the complainant. The complainant has stated that she is a scheduled tribe. The prayer has been made for taking action against the petitioner.
It has further been stated in the status report that a dispute is going on between petitioner and sister of the complainant and even in the past some police cases have been registered. It has been stated that petitioner is a woman of quarrel some nature and in case she is released on bail she can create problem to the witnesses by terrorizing them. The prayer has been made for rejection of the bail application.
Heard and perused the police file. As per police report the petitioner and sister of the complainant are in litigation. In the past some police cases have been registered. The petitioner has stated in the bail application that one civil suit has been decreed in favour of husband of the petitioner against the sister of the complainant and another civil suit is pending. The complaint against the petitioner is for using caste words against the complainant. In the status report no allegation has been made for custodial interrogation, nor it has been stated that petitioner is not co-operating in the investigation. The allegation is that petitioner is a woman of quarrel some nature and may terrorize the witnesses, but this allegation is without any corroborative material. The petitioner has made out a case for grant of bail u/s 439 Cr.P.C.
In view of above, the petitioner is ordered to be released on bail u/s 439 Cr.P.C in FIR No. 295/11 dated 27.12.2011 u/s 3(i) (x) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and under Sections 506, 504 IPC on furnishing personal bond in the sum of Rs. 25,000/- with one surety of the like amount to the satisfaction of Additional Registrar ( Judicial) during the course of the day with the condition that the petitioner shall continue to make herself available for investigation to the Investigating Officer in above case. The petitioner shall not hamper the investigation and tamper with the prosecution evidence in any manner.
The observations made in the judgment are for disposal of the bail application and it shall not be construed as expression of opinion on the merits of the case.