LAWS(HPH)-2015-10-20

KARAM CHAND Vs. STATE OF HIMACHAL PRADESH

Decided On October 08, 2015
KARAM CHAND Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) THE petitioner has sought regular bail in case FIR No. 235 of 2015, registered at Police Station, Kullu, District Kullu, on 20.09.2015 under Sections 452, 323, 504, 506, 34 IPC and Section 3(1) -(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989.

(2.) THE respondents have filed the status report and have also produced the records of the investigation.

(3.) IT is not in dispute that pursuant to the directions passed by this Court on 01.10.2015, the petitioner has already joined the investigation, but then the objection of the respondents is that the petitioner is not co -operating by disclosing the names of three other persons and, therefore, should not be ordered to be released on bail. I am afraid that such contention cannot be accepted. After -all, the liberty of the petitioner cannot be curtailed and the petitioner cannot be kept as a bait so as to enable the prosecution to attract three other alleged accused. Insofar as the allegations against the petitioner are concerned, those can only be proved during the course of trial, but then that alone cannot be a ground to deny benefit of bail to the petitioner.