CRMPM/3216/2023 on 29 December 2023

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CrMP(M) No. :

of 2023

Decided on : 29.12.2023 Kiran Sharma

…Applicant Versus State of Himachal Pradesh …Respondent

Coram

The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the applicant : Mr. Sudhir

Thakur,

Senior Advocate, with Mr. Karun Negi, Advocate. For the respondent : Mr. Tejasvi Sharma and Mr. H.S. Rawat,

Additional

Advocates General with Ms. Leena Guleria, Deputy Advocate General, assisted by Shri Sunil Negi, Additional Superintendent of Police (HQ), Shimla, H.P. Virender Singh, Judge. (Oral) Applicant-Kiran Sharma has surrendered herself to the custody of this Court and maintained the present application, under Section 439 of the Code of Criminal Procedure (hereinafter referred to as ‘CrPC’), 1 Whether Reporters of local papers may be allowed to see the judgment? Yes.

seeking the relief of bail, in case FIR No. 250 of 2023, dated 21st December, 2023, registered under Section 3(1)(s) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘SC&ST Act’), registered with Police Station Dhalli, District Shimla, H.P.

2. According to the applicant, she is an innocent person and has falsely been implicated, in the present case.

3. As per the applicant, the allegations levelled against her are nothing, but, a bundle of lies and have been used as a tool to target her due to the political rivalry.

4. It is the case of the applicant that she is the elected Pradhan of Gram Panchayat Piran, Tehsil Junga and a law abiding citizen, as such, there are no chances of the applicant fleeing away from the course of justice.

5. The applicant has also given certain undertakings, for which, she is ready to abide by, in case, the application is allowed, as prayed for.

6. On the basis of the above facts, learned counsel appearing for the applicant, has prayed that the bail application may kindly be allowed.

7. Since, the applicant has surrendered to the custody of the Court. As such, after taking her into custody, the State was directed to file the status report.

8. In the status report, filed by the police, on 26th December, 2023, it has been mentioned that complainant-Ramesh Kumar made a statement, under Section 154 CrPC, disclosing therein that he is resident of the place, as mentioned in the statement and agriculturist by profession. His parents have expired and his wife, alongwith two children, had left his company about 25 years ago. He is all alone.

8.1. As per the complainant, about one year ago from the date of making the statement, under Section 154 CrPC, he has moved a request for construction of cow shed to Gram Panchayat Piran. On 14th December, 2023, at about 2.00/2.30 p.m., he was on his way to Piran. When, he reached near Panchayat Ghar, he

noticed a number of persons gathered there. He had also gone there and noticed Pradhan Kiran Sharma (applicant); Up-Pradhan Sandeep Mehta; Panchayat Secretary Rajiv Kumar; Ward Member Trai Virender Thakur; and local residents, namely Sadanand, Rakesh Thakur amongst others.

8.2. According to the further revelation by the complainant, he has inquired from Pradhan, Gram Panchayat Piran, Kiran Sharma (applicant) about the fate of his application, which has been moved for construction of the cow shed, upon which, the applicant had started misbehaving with him and used caste based aspersions and humiliated him, by stating ‘do kauri ka chamaar’.

8.3. On the basis of the above facts, a prayer was made to register the FIR, upon which, the FIR has been registered.

8.4. During investigation, spot map has been got prepared. Statements of the witnesses have also been recorded.

8.5. It is the further case of the police that during investigation, it has been found that on 14th December, 2023, at about 2.00-2.30 p.m., complainant had gone to Panchayat Ghar and inquired from the applicant about the fate of his application, upon which, the applicant has apprised him that whenever he is being directed to come to Panchayat Ghar, he does not come. Due to this fact, altercation took place between them.

8.6. It is the specific case of the police that the applicant has neither misbehaved with the complainant, nor, she has used any caste based/objectionable words.

9. After perusing the said status report, the applicant was ordered to be released on interim bail, vide order, dated 26th December, 2023, and the matter has been adjourned for today.

10. Today, the police has filed the fresh status report, reiterating the similar facts that as per the statements of the witnesses, the applicant has neither misbehaved with the complainant nor has made any caste based aspersions.

11. As per the further stand of the police, in the status report, other persons were also found to be present on the spot, on 14th December, 2023, and, as such, the matter is required to be inquired from them.

12. On the basis of the above facts, a prayer has been made to dismiss the application.

13. Heard.

14. As per the directions of this Court, the applicant has joined the investigation. In the status report filed today, there is nothing on the record to show that the custodial interrogation of the applicant is required, in this case.

15. Even otherwise, the role, allegedly played by the applicant, in the commission of the alleged offence, will be proved during the trial and, as such, no useful purpose would be served by dismissing the application, which would be nothing, but, would amount to remanding the applicant into judicial custody.

16. Moreover, the applicant is presumed to be innocent till the conclusion of the trial and the bail

application, cannot be rejected, as a matter of punishment, as pre-trial punishment is prohibited under the law.

17. At the time of deciding the bail application, the detailed discussion about the merits and de-merits of the case should be avoided, as, it may affect the case of the prosecution or the accused (applicant).

18. Considering all these facts, this Court is of the view that interim protection granted to the applicant, vide order, dated 26th December, 2023, is liable to be confirmed.

19. Consequently, interim order, dated 26th December, 2023, is made absolute. Therefore, it is ordered that the applicant be released on bail, in case FIR No. 250 of 2023, dated 21st December, 2023, registered under Section 3 (1) (s) of the SC&ST Act’), with Police Station Dhalli, District Shimla, H.P., on her furnishing personal bonds, to the tune of 30,000/-, ₹ with one surety of the like amount, to the satisfaction of

the Investigating Officer. The bail is granted, subject to the following conditions:

a) That the applicant will join the investigation of the case, as and when, called for, by the Investigating Officer, in accordance with law;

b) That the applicant will not leave India, without prior permission of the Court;

c) That the applicant will not, directly or indirectly, make any inducement, threat or promise to any person, acquainted with the facts of the case, so as to dissuade him/her from disclosing such facts to the Investigating Officer or the Court; and

d) That the applicant shall regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so seek exemption from appearance by filing appropriate application;

20. Any of the observations, made hereinabove, shall not be taken as an expression of opinion, on the merits of the case, as, these observations, are confined, only, to the disposal of the present bail application.

21. The applicant is directed to move regular bail application, when charge sheet will be filed in the Competent Court of Law.

22. It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions, is found to be violated by the applicant.

( Virender Singh ) Judge December 29, 2023 ( rajni )