MOUZI RAM 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. 57 of 2019, dated 22.05.2019, under Sections 3(1)(f)(g) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, registered in Police Station Bhoranj District Hamirpur, 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 residents of the place and 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, so they may be released on bail.

(3.) Police report stands filed. As per the prosecution story, Shri Amar Singh (complainant) reported to the police that he is permanent resident of village Dohag and belongs to schedule caste family. As per the complainant, the petitioners, who belong to upper caste, forcibly harvested the crop sown by him. He has further alleged that the petitioners used to harass him and his family for so many years and they drove tractor on the crop of wheat shown by him. The petitioners forcibly took over the possession of khasra No. 1676/3 and destroyed the crop sown by the complainant. As per the complainant, . the petitioners are quarrelsome people and quite often they quarrel with him and his family members. On the complaint, so filed by the complainant, police registered a case and the investigation ensued. Police procured the caste certificate of the complainant and recorded the statements of the witnesses. Police also procured the records qua the disputed land. It has come in the investigation that there is on going land dispute between the parties. The petitioners joined the investigation and they are co-operating in it. Lastly, it is prayed that the bail applications of the petitioners be dismissed, as the petitioners, if enlarged on bail may tamper with the prosecution evidence and may also flee from justice. Therefore, the bail applications of the petitioners may be dismissed.