KEWAL SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioner has moved for grant of anticipatory bail under Sec. 438 of Code of Criminal Procedure in FIR No. 103 of 2022, dtd. 26/11/2022, registered under Ss. 376, 506 and 341 of Indian Penal Code and Ss. 3(1)(za) a, 3(2) Va, 3(1)(s) of the Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989, at Police Station Shahpur, District Kangra, H.P. Ad-interim protection was granted to the petitioner on 11/1/2023. Status reports have been filed by the respondent.

(2.) Status reports and record produced by the respondent show that the FIR was registered on the basis of a complaint. The complainant is a lady, aged 38 years. In her complaint made in October, 2022, she has stated having accompanied the petitioner to his village about six years ago. He made available to her a rented accommodation for her stay in the village. Though, they both resided separately but maintained cordial relations with each other. However, after some time, petitioner's behaviour with her changed. He started pressurizing the complainant to establish physical relations with him. The complainant alleged her harassment by the petitioner and that she was given frequent beatings by the petitioner and his brother. She also alleged use of objectionable words against her by them. She also levelled allegations that the petitioner and his family members were not allowing her to take water from the hand pump. They were not providing her a passage to go to her land. On the basis of these allegations, FIR was registered against the petitioner on 26. 11.2022.

(3.) Investigation into the matter was carried out by the respondent. As per status report, hand pump was meant for public use and is functioning properly. According to the status report, the complainant had never made any similar complaint against the petitioner to the Gram Panchayat. The land owned by the complainant is still standing in her name in the revenue record. During investigation, offences under Ss. 341 of IPC and 3(1)(za) of the SC and ST Act were not found to have been committed by the petitioner. Accordingly, these Sec. were deleted from the FIR. Record produced by the respondent also includes respondent's earlier report about the complainant having previously preferred umpteenth number of complaints/representations against several villagers in past, which were found to be incorrect during investigation.