NARAIN DASS CHAUHAN Vs. STATE OF H P

JUDGEMENT

(1.) The petitioner who has been booked by the police of Police Station, Kotkhai in a case registered under Sections 447, 323, 341, 504, 506 of the Indian Penal Code and 3(1)(g),3(1)(r)3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 had surrendered before this Court on 18.10.2016 and filed this application with a prayer to enlarge him on bail. Though he is in custody, however, vide order dated 18.10.2016 was ordered to be not arrested subject to the outcome of this petition. The interim order so passed came to be extended from time to time with a direction to the accused-petitioner to continue to join the interrogation.

(2.) The record produced by the investigating agency reveals that besides the commission of an offence under the provisions of Indian Penal Code, the accused-petitioner has committed an offence punishable under the provisions of Atrocities Act also. The offence, therefore, he committed is not only against an individual i.e. the complainant but also the society as a whole, particularly weaker section of the society. Therefore, in all fairness though the prayer he made for being admitted on bail should have been declined, however, keeping in view his advanced age i.e. 79 years and also the submissions persuasive in nature made on his behalf by Mr. Gupta, learned arguing counsel and also that there being no complaint that he was not available to the investigating agency for the purpose of interrogation as and when called upon to do so, a lenient view of the matter has been taken, of course subject to the accused-petitioner not indulging in an illegal activity of this nature in future and maintain peace and good behavior in the area. As regards the apprehension of the investigating agency is that if admitted on bail, he may again torture and try to win over or influence the complainant who lives alone in the village, though, it is not expected from the accused-petitioner to do so, however, in case any such instance is brought to the notice of this Court either by the complainant or the investigating agency, he will be dealt with sternly in accordance with law including the cancellation of the liberty of bail against any such act and behaviour on his part.

(3.) In view of the above, I allow this application and order to release the accusedpetitioner on bail subject to his furnishing personal bond in the sum of Rs. 1,00,000/- with one surety in the like amount to the satisfaction of learned Judicial Magistrate, Rohroo/Jubbal. He shall further abide by the following conditions:-