RANJEET BANCHTA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is accused in case FIR No. 16 of 2022 dtd. 18/1/2021 registered at Police Station, Dhalli, District Shimla, H.P. under Sec. 504 and 506 of the Indian Penal Code and Sec. 3(1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989.

(2.) Petitioner has approached this Court for grant of bail under Sec. 439 Cr.P.C. on the grounds that petitioner has been falsely implicated. As per petitioner, no incident as alleged happened at any point of time. The facts have been distorted by the complainant with ulterior motive. All preliminary investigations have been complete and no recovery is to be effected from the petitioner. Petitioner has roots in the society and there is no likelihood of his absconding from the course of justice. He is ready and willing to join the investigation and also to abide by the conditions as may be imposed against him. Petitioner has further undertaken to not to tamper with the prosecution evidence.

(3.) In response, the status report has been filed. It has been stated that on 18.012022, the complainant lodged a complaint at Police Post, Sanjauli alleging inter-alia that on 17/1/2022, petitioner had uttered derogatory and cast related offensive words against him, while travelling in a local bus. It was alleged that later the petitioner has also made a phone call to the complainant and again uttered filthy language with threats to do away with his life. Casteist words were again used against the complainant. As per respondent, investigation is still going on. During investigation, it has been found that the complainant has recorded the conversation between him and the petitioner on his mobile phone and this piece of evidence has been sent for scientific analysis. The documents in respect of cast etc. of complainant are also being procured. Petitioner has joined the investigation. An apprehension has been shown that in case of release of petitioner on bail, he may tamper with the prosecution evidence.