AJIT KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) PETITIONER was arrested on 22.2.2010 in FIR No 66 of 2010, under Sections 323, 376, 506 Indian Penal Code and Section 3 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities Act). The bail to him was denied by the Court of Sessions, as such the instant application under Section 439 of the code of Criminal Procedure has been moved for his enlargement on bail. Report filed. Heard.

(2.) PRECISELY , facts are that the petitioner is a Manager in ˜Sita Palace Hotel Dharamshala wherein complainant was working as Sweepress. On 23.2.2010 while cleaning the floor, water fell down on the trouser of the petitioner, which resulted into some altercation and the petitioner is alleged to have slapped the complainant. Complainant reported the matter to the police. It was found to be a case under Section 323 Indian Penal Code. Thereafter on 27.2.2010 an application was moved by her to the Deputy Commissioner, Kangra regarding the same incident but alleging that she was raped and was given beatings by the petitioner, being a member of the Scheduled Caste community. On this FIR was registered and the petitioner was arrested.

(3.) NEEDLESS to say in case he commits any breach of any of the conditions above, the liberty of bail shall be cancelled.