MEHAR CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail applications have been maintained by the petitioners under Section 439 of the Code of Criminal Procedure seeking their release in case FIR No. 33 of 2018, dated 21.02.2018, under Section 3(1) (r) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered at Police Station Bhuntar, District, Kullu, H.P.

(2.) As per the averments made in the petitions, the petitioners are innocent and have been falsely implicated in the present case. They are neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so they be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 16.02.2018 live telecast of programme 'Pariksha Per Charcha' of Hon'ble Prime Minister was being shown to the students of Government High School, Chestha, in the house of SMC Pradhan. As per the prosecution, students belonging to scheduled caste category were made to sit separately from that of students of general category. Students of scheduled caste were made to sit in a shed of horses. Further, the students of scheduled caste were made to sit separately from the students of general category while having food. An enquiry was ordered by the Deputy Commissioner and enquiry is still going on and its report is awaited. The petitioners and their co-accused, on the basis of caste, discriminated the students, thus, a case was registered against the petitioners and co-accused and the investigation ensued. Statements of the witnesses were recorded and spot map was prepared. The record qua caste of the petitioners and co-accused was obtained. Except the petitioners, accused persons have been enlarged on bail by the learned Trial Court. As per the prosecution, petitioner Mehar Chand has joined the investigation and co-operating in the same. However, petitioner Amar Singh has not joined the investigation. Lastly, the prosecution has prayed that the bail applications may be dismissed.