ROSHNI DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petitioner has filed application under Section 439 Cr.P.C. for releasing her on bail in FIR No. 295/11 dated 27.12.2011 under Section 3(i) (x) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short Act) and under Sections 506, 504 IPC .

(2.) 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.

(3.) 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.