KAPIL DEV Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) All these bail petitions preferred under Sec. 439 of the Code of Criminal Procedure germinate from FIR No.9/2023, dtd. 15/2/2023, registered under Sec. 323 of the Indian Penal Code and Sec. 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, at Police Station Pachhad, District Sirmour. Arising out of common FIR and involving similar facts, these petitions are taken up together for disposal. The respondent has filed the status report, which has been taken on record.

(2.) The petitioners are either parents or relations of students studying in the Plenum School, Shekhra Baghar, Bagthan, District Sirmour. According to the status report filed by the respondent, the parents and relations of students of the school were trying to resolve an altercation that took place between the students. In that process, allegations came to be levelled by the complainant of use of derogatory remarks by the bail petitioners (accused persons) against the complainant, who is also the Principal of the school concerned. On the basis of these allegations, FIR was registered on 15/2/2023. The petitioners were granted ad-interim bail vide order dtd. 20/2/2023.

(3.) According to the status report, the Investigating Agency has not found any evidence thus far about the involvement of accused Ravinder Budhwar (petitioner in Cr.MP(M) No.431 of 2023), Anand Singh (petitioner in Cr.MP(M) No.430 of 2023) and Aditya @ Sahil (petitioner in Cr.MP(M) No.429 of 2023). The status report does not dispute that all the accused persons have joined the investigation and are co-operating with the Investigating Agency. This fact has not even been disputed by learned Additional Advocate General during hearing of the case. Status report does not insist upon the custodial interrogation of the accused persons.