ASHA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail applications have been maintained by the petitioners under Sec. 439 of the Code of Criminal Procedure seeking their release in case FIR No. 3(1)(s) of SC& ST Act read with Sec. 34 IPC, registered in Police Station Haroli, District Una, 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 24.04.2019 police received a complaint from complainant, Smt. Chaand Rani. The complainant alleged that on 23.04.2019, when she was working in Deepak Fastner Limited Company, the petitioners and one Kamlesh came and asked her that why she did not participate in factory strike. The complainant tried to leave to her home, but the above women restrained her and used casteist remarks. The petitioners and co-accused Kamlesh insulted the complainant. On the basis of the complaint, so made by the complainant, police registered a case and investigation ensued. Police prepared the spot map and recorded the statements of the witnesses. Police also obtained records qua the caste of the complainant. On 21.06.2019 the petitioners joined the investigation and they were arrested. The petitioners were medically examined. Lastly, it is prayed that the bail applications of the petitioners be dismissed, as the petitioners were found involved in a serious offence and in case at this stage they are released on bail, they may tamper with the prosecution evidence and may also flee from justice.