LAWS(HPH)-2020-3-13

NIRMALA DEVI Vs. STATE OF HP

Decided On March 06, 2020
NIRMALA DEVI Appellant
V/S
STATE OF HP Respondents

JUDGEMENT

(1.) By means of instant petition, regular bail under Section 439 of Code of Criminal Procedure has been sought by the petitioner in respect of FIR No.53/2020, dated 16.02.2020, registered at Police Station Balh, District Mandi, under Sections 341 , 323 , 147 , 149 , 504 and 506 of Indian Penal Code read with Section 3(1)(f)(g) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act , 1989.

(2.) Status Report has been produced by SI Raj Kumar, which is taken on record. I have gone through the same and heard learned counsel for the petitioner as well as learned Additional Advocate General for the respondent.

(3.) The essence of the status report is that one Sh. Het Ram submitted a complaint on 16.02.2020 to the effect that: on 16.02.2020, while on way to his new home, he was stopped by the bail petitioner and his family members; he was given beatings by them with 'Dandas', resultantly, he suffered injuries; words prohibited under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act , 1989, were also used against him; complainant belongs to Scheduled Caste Community. On the basis of these allegations, the FIR in question was registered. It has also come in the Status report that an FIR No.176/2019 was also lodged by the father of the complainant at Police Station Balh, District Mandi, against Sh. Bihari Lal under Section 3(1)(r) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act , 1989.