IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.M.P. (M) No. 217/2010 Date of decision: 30. 3. 2010 Ajit Kumar ….Petitioner Versus State of H.P. ……Respondent Coram: The Hon’ble Mr. Justice Surinder Singh, J. Whether approved for reporting ?1 For the Petitioner: Mr. N.K. Thakur, Advocate. For the respondent : Mr. Anshul Bansal, Addl. Advocate General with Mr. J.S. Rana, Assistant Advocate General. Surinder Singh (Oral) Petitioner was arrested on 22.2.2010 in FIR No 66 of 2010, under Sections 323, 376, 506 Indian Penal Code and Section 3 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities Act). The bail to him was denied by the Court of Sessions, as such the instant application under Section 439 of the code of Criminal Procedure has been moved for his enlargement on bail. Report filed. Heard. 1 Whether the reporters of Local Papers may be allowed to see the judgment ?. yes - 2 - Precisely, facts are that the petitioner is a Manager in ‘Sita Palace Hotel’ Dharamshala wherein complainant was working as Sweepress. On 23.2.2010 while cleaning the floor, water fell down on the trouser of the petitioner, which resulted into some altercation and the petitioner is alleged to have slapped the complainant. Complainant reported the matter to the police. It was found to be a case under Section 323 Indian Penal Code. Thereafter on 27.2.2010 an application was moved by her to the Deputy Commissioner, Kangra regarding the same incident but alleging that she was raped and was given beatings by the petitioner, being a member of the Scheduled Caste community. On this FIR was registered and the petitioner was arrested. Against the aforesaid factual background, suffice it to say the petitioner has a case for bail as the lodging of the present FIR could be the result in retaliation. Accordingly his request for bail is allowed. It is ordered that the petitioner be released on bail on his furnishing bail bonds in the sum of Rs.10,000/- with one surety in the like amount to the satisfaction of the learned Chief Judicial Magistrate, Dharamshala and this bail - 3 - shall be subject to the conditions that the petitioner:- (a) shall present himself in the court and to the Investigating Officer as and when required to do so. (b) shall not tamper with the prosecution evidence in any manner. (c )shall not make any inducement, threat or promise to any person acquainted with the facts and circumstances of this case so as to dissuade him from disclosing such facts to the court or the Police officer. Needless to say in case he commits any breach of any of the conditions above, the liberty of bail shall be cancelled. Any observation, made hereinabove is strictly for the disposal of this bail petition and shall not mean any expression on the merits of the case. Let an authenticated copy of this order be sent to the learned Chief Judicial Magistrate, Dharamshala forthwith for his information and necessary action at his end. The copy be supplied to the counsel for the petitioner, if applied urgently, as per rules. The application stands disposed of. March 30, 2010 (Surinder Singh),J (cm)