( 2025:HHC:1125 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP(M) No.2859 of 2024 Date of Decision: 06.01.2025 Krishan Dutt …Applicant Versus State of H.P. & Ors. …..Respondents Coram: The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the Applicant : Mr. Ashutosh Bhardwaj, Advocate. For the Respondents : Mr. Mohinder Zharaick and Mr. H.S. Rawat, Additional Advocates General with Mr. Rohit Sharma, Deputy Advocate General, assisted by DSP Mukesh Kumar, SDPO Sangrah, Sirmour, H.P., for respondent No.1/State. Mr. Anil Kumar Manget and Mr. Rajender Gulati, Advocates, for respondents No.2 to 6. Virender Singh, Judge (Oral) Applicant-Krishan Dutt, by moving the Cr.MP No.5238 of 2024, has surrendered himself to the custody of this Court and sought bail, in Case FIR No.63 of 2024, dated 07.12.2024, registered under Section 352 of the Bharatiya Nyaya Sanhita, (hereinafter referred to as ‘BNS’) 1 Whether reporters of Local Papers may be allowed to see the judgment? ( 2025:HHC:1125 ) and Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Attrocities Act) (hereinafter referred as to SC&ST Act), with Police Station Sangrah, District Sirmaur, H.P. 2. The relief of bail has been sought by the applicant on the ground that he is innocent person and has falsely been implicated in this case at the instance of the complainants. 3. Elaborating his stand, the applicant further pleaded that one of the complainants in this case, is the Pradhan of Gram Panchayat, Redli, Tehsil Sirmaur and applicant is also member of the same Gram Panchayat. According to the applicant, he has raised issues regarding corrupt act and embezzlement of public fund in certain works done by Pradhan. The applicant has further pleaded that he has filed the complaint against Gram Panchayat Pradhan, before District Collector, Sirmaur, for using low quality construction material and embezzlement of public fund in construction of security wall in Government Middle School, Borli. 4. The applicant has further pleaded that he is a law abiding citizen, having deep roots in the society. According to him, no other case has been registered against him. ( 2025:HHC:1125 ) 5. Apart from this, the applicant has given certain undertakings, for which, he is ready to abide by, in case, he is ordered to be released on bail. 6. In this case, complainants were ordered to be impleaded as respondents No.2 to 6, vide order dated 18.12.2024, who, when put to notice, put appearance in person alongwith S/Shri Anil Kumar Manget and Rajender Gulati, Advocates. 7. When put to notice, police filed the status report disclosing therein that on 07.12.2024, SDPO Sangrah, has forwarded a joint complaint dated 05.12.2024, made by Rajinder Singh, Puran Chand, Surinder Singh, Mukesh, Kali Ram, respondents No.2 to 6, in which they had alleged that the complainants, namely Mukesh Kumar, Puran Chand, Surinder Singh, Rajinder Singh, Kali Ram, have been engaged in the construction of security wall of Government Middle School, Borli. 7.1 According to the complainants, they have been deputed by the Pradhan, Gram Panchayat Redli. whereas, husband of the former Pradhan Beena Devi, namely Krishan Dutt, visited the spot after the closer of the school and called them by their caste. Not only this, he used the word “kolende” ( 2025:HHC:1125 ) and also abused them. He also instigated them to quarrel with him. 7.2 It is the further case of the applicant that they are from Scheduled Castes community and making both the ends meet by working as labourers. They used to inform about the activities of the applicant to the Pradhan daily. 7.3 It is their specific case that on 04.12.2024, at about 4:45 PM, when the applicant was abusing them and making the caste based aspersion, then, Bhag Chand, Roop Singh Thakur, Sandeep Thakur, Virender Singh also noticed the said fact. As such, a prayer has been made to take action against the applicant. 8. On the basis of the above facts, FIR, has been registered against the applicant and criminal machinery swung into motion. The SDPO has visited the spot on 11.12.2024 and on the statement of the complainants, spot map was prepared and their statements have been recorded under Section 180 of the BNSS. On the basis of the said statements, applicant was ordered to be released on interim bail. 9. As per the subsequent status reports, which have been filed in this Court, the applicant has joined the investigation. The caste certificates of the complainants, as ( 2025:HHC:1125 ) well as, the applicant were obtained from Tehsildar Sangrah. As per the certificates, complainants, namely Rajinder Singh, Puran Chand, Surinder Singh, Mukesh and Kali Ram belong to Scheduled Castes category, whereas, applicant Krishan Dutt is from General category. 10. In this case, complainants have also put appearance and raised objections against the relief as sought in the application. But, according to the status report, which has been filed today, applicant on 26.12.2024, met complainant Mukesh Kumar in village Redli, near the chow shed of Virender and on seeing the complainant Mukesh Kumar, he had smiled and uttered as to what they can do. Thereafter, applicant has joined the investigation. 11. Lastly, it has been stated that after 30.12.2024, no complaint has been received from the complainant side against the applicant. The investigation is stated to be completed and final report is yet to be prepared. 12. On the basis of the above facts, a prayer has been made to dismiss the application. 13. Heard. 14. The applicant has been released on interim bail and there is nothing on the file to show that he has misused the ( 2025:HHC:1125 ) liberty, which was granted to him by this Court. He has joined the investigation and except the oral objection, no other complaint has been moved by the complainants against the applicant before the police. 15. Moreover, the role allegedly played by the applicant, in the commission of the offence, will be proved during the trial. 16. The bail application cannot be rejected as a matter of punishment, as, pre-trial, punishment is prohibited under the law. 17. The chances of commencement and conclusion of the trial, against the applicant in near future, are not so bright, as such, no useful purpose will be served by keeping the applicant in custody. 18. Considering all these facts, the interim order dated 13.12.2024, passed by this Court, is hereby made absolute, subject to the following conditions:- “a) The applicant shall make himself available for the purpose of interrogation, if so required and 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 the appropriate application; ( 2025:HHC:1125 ) b) The applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; c) The applicant shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or the Police Officer, and d) The applicant shall not leave the territory of India without the prior permission of the Court.” 19. The applicant is further directed to move the appropriate application before the competent court of law for seeking the regular bail as and when the challan will be filed against him in the competent Court of law. 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. It is made clear that respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions is found violated by the applicant. (Virender Singh) Judge December 06, 2024 (subhash)