SHRI JAWAHAR LAL S/O SH. ROSHAN LAL, R/O VILL. & P.O. KARASA, TEHSIL ROHRU, DISTT. SHIMLA, H.P. Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS judgment shall dispose of Cr.M.P.(M) Nos.1135 and 1136 of 2011 which have been filed by petitioners Jawahar Lal and Vikas Chauhan respectively under Section 439 Cr.P.C. for releasing them on bail in FIR No. 345/2011 dated 05.12.2011, registered at Police Station, Rohru, under Sections 341, 323, 354, 506, 382, 34 IPC and Section 3(1)(11) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) THE petitioners have filed bail applications almost on identical grounds. It has been stated that petitioners were arrested in the above case and they are in judicial custody now. The petitioners are not remotely connected with the commission of offence. The complaint has been lodged by one lady for outraging her modesty as well as extortion and threatening to do away with her life. The lady belongs to Scheduled Caste. The petitioners are not having good relations with the family of the complainant and in order to settle the score with the petitioners, the false complaint has been lodged with the police.

(3.) THE status report has been filed in Cr.M.P.(M) No. 1135 of 2011. It has been stated that case has been registered on the complaint of Krishan Chand. It has been stated that on 05.12.2011 at about 12.30 p.m., Santosh Kumari, wife of the complainant, was returning to her home with her cow. On the way, Ruby and Jawahar Lal met her, who were under the influence of liquor. Ruby demanded 'Charas' from the wife of the complainant, he also misbehaved with her. On objection raised by the wife of the complainant, Ruby gave kick and fist blows in her abdomen and Jawahar slapped on her ear. The wife of the complainant due to beatings became unconscious and fell down. On hearing hue and cry, the complainant also reached the spot. Chainmati sister -in -law of the complainant tried to intervene, but Ruby slapped her also. The incident was seen by several persons. The wife of the complainant told him that Ruby and Jawahar initially misbehaved/teased her and then called her by caste also. The complainant apprehends threat to his life from the petitioners as the petitioners are of criminal nature. A pendant and tops of the wife of the complainant were also snatched. On this, the case was registered.