IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P(M) No. 527 of 2008. Judgement reserved on: Date of decision: 5.6.2008. Urmila Devi …..Petitioner. Vs. State of H.P. …. Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 For the applicant : Mr. Naresh Kaul, Advocate. For the Respondent : Mr. A.K. Bansal, Addl. Advocate General. Kuldip Singh, Judge (oral). This is an application, under Section 439 Cr.P.C. for releasing the petitioner on bail in case FIR No. 130 registered on 14.5.2008 at Police Station, Nurpur, under Sections 147, 148, 149, 506, 323 read with Section 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The respondent has filed status report. 2. Heard and perused the record. The prosecution case in brief is that complainant alongwith many other persons submitted a complaint dated 14.5.2008 to the Station House Officer, Nurpur. It has been alleged in the complaint that complainant party are Dalits of Whether the reporters of the local papers may be allowed to see the Judgment? …2… village Nerna. The government had allotted five marlas land and granted rupees ten lacs for construction of Shri Guru Ravidas Community Centre. On 14.5.2008 at about 7 a.m. Dalit men, women and children were performing Kar sewa in Guru Ravidas Bhawan, Saroop Singh etc. Rajputs of village Nerna attacked the complainant party with Drats, axes, knives, stones and lathies and they were threatened to be shot dead. The Dalit women Sundesh Kumari, Vidya Devi, Urmila Devi, Pato Devi, Asha Devi, Sandhya Devi, Bimla Devi and Sheela Devi as well Dalit men Rakesh Kumar, Des Raj sustained serious injuries. The prosecution has further alleged that high caste people said that Dalits have constructed a cremation ground in front of them and they would burn the Dalits at that place itself. They threatened that wherever anyone of the complainant party would meet them they would eliminate him. They abused the Dalits by calling them `Chamar- Chamar’. On this, a case was registered. The injured were got medically examined, spot was inspected, statements of witnesses were recorded. The petitioner and other accused were granted interim bail by the High Court. They have joined the investigation on 28.5.2008. The FIR No. 128 was also got registered at the instance of Smt. Veena Devi wife of Samsher Singh caste Rajput against eight Dalits, under Sections 147, 149, 323, 506 IPC on 14.5.2008. 3. It has come in investigation that Public Works Department was constructing Ravidas Community Centre through Contractor Nischal Mahajan at the cost of Rs.10,00,000/-. This Community Centre was to be constructed on khasra No. 585, but it …3… has been constructed on khasra No. 588. According to some people, there was old pond of village Nerna on khasra No. 588 through which there is passage leading to the houses and fields of Saroop Singh etc. The contractor was asked by the Public Works Department to construct a boundary wall but Saroop Singh etc. objected to the construction of such boundary wall. On this contractor stopped the work of construction of boundary wall. On 14.5.2008 at about 7.30 or 8.00 a.m., sixty-seventy Dalits without being asked by contractor or P.W.D. started construction of boundary wall of the Community Centre. On this, Smt. Amriti Devi and her daughter-in-law Smt. Veena Devi came on the spot and asked the Dalits not to construct the boundary wall. On this, a quarrel took place between the two communities leading to beatings, exchange of abuses. Separate reports were lodged with the police. During investigation, it was found that quarrel did take place between two parties. In the medico legal reports of the Dalits, no injury was found to have been inflicted with sharp edged weapon. The Dalits have stated that derogatory words were used against them and they were given beatings with lathies and sickles. Lathies and sickles have not been recovered. The Dalits, who were arrested in case FIR No. 128 have been released on bail. 4. It has not been pointed out specifically that who used lathi, Drat, sickle or other weapon of offence from the side of the petitioners’ party and what weapon of offence is to be recovered from whom. It appears the dispute had arisen regarding some alleged passage. In the MLCs of the Dalits, no injury has been shown to be …4… caused with sharp edged weapon as per the prosecution. An interim bail was granted to the petitioner by this court on 26.5.2008 and she joined the investigation. There is no allegation against the petitioner that she is not cooperating in the investigation, no apprehension has been shown that petitioner if released on bail, will hamper the investigation or tamper the prosecution evidence. The petitioner has made out a case for grant of bail. Accordingly, the application is allowed, the order dated 26.5.2008 passed by this Court is made absolute on petitioner’s furnishing personal bond in the sum of Rs.10,000/- with one surety of the like amount to the satisfaction of learned Additional Chief Judicial Magistrate/ Judicial Magistrate Ist Class, Nurpur within ten days from today. 5. Any observation made hereinabove shall not be construed as an expression of opinion over the merits of the case. The application stands disposed of. 6. Dasti copy on usual terms. June 5, 2008. ( Kuldip Singh ) (Hem) Judge.