DHARAM SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Pursuant to orders dtd. 10/5/2024 and 13/5/2024, whereby this Court after having taken the bail petitioners into custody, enlarged them on bail, subject to their joining investigation in case FIR No. 59 of 2024, dtd. 7/5/2024, registered at police Station, Dhalli, District Shimla, H.P., for their having allegedly committed the offence punishable under Sec. 341, 323, 307 and Sec. 34 of IPC and Sec. 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)Act, 1989, respondent-State has filed the status report and Additional S.P.(City) Shimla and ASI Mohinder Singh have also come present alongwith the record. Record perused and returned.

(2.) Pursuant to order dtd. 17/6/2024, complainant Yoginder Kumar was though served, but he on account of his having gone out of station, failed to come present on 19/6/2024, but his brother, who also suffered injuries in the alleged incident, had come present alongwith his mother. Since on 19/6/2024, factum with regard to lodging of cross FIR bearing No.58 of 2024 registered at the behest of the petitioners came to the notice of this Court, this Court vide order dtd. 19/6/2024, specifically called upon respondent-State to make available record of FIR No.58 of 2024, dtd. 7/5/2024.

(3.) Close scrutiny of the status report as well as other material available on record reveals that on 6/5/2024, at 7.00 PM, police received telephonic information from the person namely, Yoginder Kumar that his brother Dinesh Kumar has been given beatings by persons namely, Dharam Singh and Nitish Thakur, as a result thereof, he has suffered injuries. After receipt of aforesaid information, police reached the spot and recorded the statement of the complainant under Sec. 154 Cr.P.C., wherein he alleged that he is driver by profession and his elder brother Dinesh Kumar also operates JCB machine. He alleged that on 6/5/2024, while he was coming back from truck union, Dhalli and had reached Janerghat, his elder brother Dinesh Kumar and persons namely, Vipin and Susheel also met him and thereafter, they boarded the private bus for going to their home. He alleged that while bus reached near Jeet Nagar pond, accused Dharam Singh unnecessarily picked up quarrel with him and started arguing. He alleged that accused Dharam Singh was driving his Alto car ahead of private bus and thereafter, he alongwith his brother alighted from the bus at place called Bandali, but when they both had gone towards their house, person namely, Nitish called them. Complainant alleged that when he alongwith his brother Dinesh Kumar reached on the road, persons namely Nitish, Dharam Singh and Hira Singh gave them beatings with help of stick and sickle, as a result thereof, his brother Dinesh Kumar suffered serious injuries. In the aforesaid background, police after getting the complainant as well as his brother medically examined, lodged the FIR, as detailed hereinabove, under Sec. 341, 323, 307 and 34 of IPC. However, subsequently on account of the fact that complainant hails from Scheduled Caste community. Sec. 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)Act, also came to be incorporated in the FIR for the reason that bail petitioners had committed the offence punishable under Ss. 341, 323, 307 and 34 of IPC. Before the petitioners herein could be arrested in the FIR, as detailed hereinabove, they approached this Court by way of above captioned petitions and this Court after having taken them in custody, enlarged them on interim bail vide orders dtd. 10/5/2024 and 13/5/2024, subject to their joining investigation. Since bail petitioners have already joined the investigation and nothing remains to be recovered from them, prayer has been made on their behalf for confirmation of bail granted vide orders dtd. 10/5/2024 and 13/5/2024.