SURENDER KUMAR 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. 107 of 2019, dated 06.09.2019, under Sections 504 and 506 IPC read with Section 34 IPC and Section 3(i) of the SC & ST Act, registered in Police Station Anni, 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. No fruitful purpose will be served by keeping them behind the bars for an unlimited period, so they be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 06.09.2019 Shri Daulat Ram (complainant) made a written complaint to the police and stated that he is Headmaster and in 2006 purchased 0-3 biswas of land from one Shri Gumatu Ram and the petitioner used to lay their claim over the said land without any reason. On 04.09.2019, at about 01:30 p.m., the petitioners fenced the path leading towards the fields of Shri Gumatu Ram. When Smt. Geeta Devi, daughter-in-law of Shri Gumatu Ram, in order to go to the fields, tried to uproot the said fencing, and petitioners Surender Kumar and Mast Ram came armed with darat and axe, so a quarrel ensued and ultimately Smt. Geeta Devi had to flee. Petitioner Moru Devi kept a secretive vigil and thereafter, they all entered the courtyard of Saayal and started brandishing the weapons. The petitioner threatened to do away with the life of Saayal and also said the land of the complainant does not belong to him. The petitioner used castiest remarks against the complainant and also threatened to demolish his house. Upon the complaint, police registered a case under the apt provisions of law and investigation ensued. Police prepared the spot map and also recorded the statements of the witnesses. Police photographed and videographed the spot and also obtained relevant records qua the caste of the complainant and the petitioners. The petitioners thereafter absconded and they moved bail applications, however the same was rejected, so the petitioners were arrested on 05.10.2019. The petitioners were medically examined and now interrogation from the petitioners is complete. As per the police, nothing is to be recovered from the police and custody of the petitioners is not required for interrogation. Lastly, it is prayed that the bail application of the petitioners be dismissed, as the petitioners committed serious offence. There is possibility that in case at this stage they are enlarged on bail, they may flee from justice. The petitioners can also tamper with the prosecution evidence, so their applications be dismissed.