LAWS(HPH)-2023-1-7

MAAN SINGH Vs. STATE OF H.P.

Decided On January 06, 2023
MAAN SINGH Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) These three bail petitions arise out of FIR No.27 of 2022, dtd. 12/5/2022, registered under Ss. 341, 323, 325, 504, 507 and 307 read with Sec. 34 of Indian Penal Code (IPC in short) and Ss. 3(2)(v) and 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 'the Act') at Police Station Chopal, District Shimla, H.P. Being connected and arising out of the same FIR, these petitions are being considered and decided vide this common judgment.

(2.) The FIR pertains to an incident, which statedly occurred on 12/5/2022.

(3.) Learned counsel for the petitioners submitted that the petitioners have been falsely implicated at the instance of those having inimical relations with the petitioners and their family members. The allegation levelled against the petitioners is an attempt to malign their reputation. There is no evidence against the petitioners. The police case is false and cooked up. The victim himself was the aggressor whose family after having sold 4 biswas of land on the road head to the petitioner Balak Ram, had been repeatedly claiming Balak Ram of having encroached upon the land in excess of 4 biswas. The victim had trespassed into the premises of the petitioner Balak Ram and threatened him with dire consequences. Balak Ram, his wife Santoshi, his Carpenter Maan Singh, his brother Prem Singh, present on the spot had confronted the victim Pradeep Kumar. He thereafter fled away from the premises. A false case has been foisted upon the petitioners. Learned counsel also submitted that the co-accused Santoshi was enlarged on bail vide order dtd. 2/9/2022, passed in Cr.MP(M) No.1641 of 2022. There is no allegation that she had ever threatened the prosecution witnesses, victim or the family of the victim. There is no allegation that she had ever tried to influence the investigation. Learned counsel prays for enlarging the petitioners on bail and submitted that in case of enlargement of the petitioners on bail, they will abide by all the terms and conditions, which may be imposed by this Court and they will not influence the investigation, prosecution witnesses or tamper with the prosecution evidence.