SATPAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) All these petitions are being decided by a common order, as common questions of law and facts are involved.

(2.) Petitioners are accused in case FIR No. 4 of 2022 dtd. 4/1/2022, registered at Police Station, Shillai, District Sirmour, H.P. under Sec. 3 (i) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short 'the Act') and Sec. 506 and 34 of the Indian Penal Code.

(3.) The petitioners have approached this Court by filing petitions under Sec. 439 Cr.P.C. for grant of bail in above noted case, on the grounds that petitioners are innocent and have been wrongly roped in a false case just to settle personal scores. The case has been registered at the instance of persons having inimical relation towards petitioners and the persons associated as witnesses have also their personal interest in harassing the petitioners. The complainant is habitual in making false complaints. On earlier occasion also, a false complaint was filed against petitioners by the complainant, which after inquiry was found to be false. The path over which the complainant has raised dispute is in abadi deh land and has been recorded as rasta-sare-aam in revenue record. Petitioners have not used any derogatory and defamatory words against the complainant. The petitioners are permanent residents of Village and Post Office Sharlli-Manpur, Tehsil Paonta Sahib, District Sirmour, H.P. The investigation qua the petitioners is already completed and nothing is to be recovered from them. In the facts of the case, custodial interrogation of the petitioners is not required. Petitioners have undertaken to abide by all the conditions, as may be imposed and have further undertaken not to tamper with prosecution evidence.