IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No.785 of 2011 Date of decision: 12.10.2011 Jagdish Chand ….. Petitioner. Vs. State of H.P. …. Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting? No.1 For the Petitioner : Mr. Kulbhushan Khajuria, Advocate, with petitioner. For the Respondent : Ms. Ruma Kaushik, Addl. A.G. with Mr. J.S. Rana, Asstt. A.G. Kuldip Singh, Judge (Oral) This is an application under Section 439 Criminal Procedure Code for releasing the petitioner on bail in FIR No.249 of 2011, dated 23.9.2011, registered at Police Station, Palampur (Kangra), under Sections 186, 506 Indian Penal Code and 3 (1) (X) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2. It has been stated in the application that the petitioner is President of village Vigilance Committee, Bharwana, Tehsil Palampur. The petitioner raised issues relating to misuse of funds in NREGA and funds received from Sansad Nidhi. The allegations levelled by the petitioner were found prima-facie correct. In order to Whether the reporters of the local papers may be allowed to see the Judgment? Yes. …2… save himself, Priar Chand, Technical Assistant, Gram Panchayat, Bharwana lodged a false report on 23.9.2011 against the petitioner. The petitioner is innocent. He has committed no offence. The petitioner is ready to furnish bail bonds and join investigation as directed by the Court. On behalf of the petitioner a prayer has been made for releasing him on bail. 3. The bail has been opposed by the learned Additional Advocate General on the basis of status report. The complainant has stated in the complaint that he has been working as Panchayat Technical Assistant, Gram Panchayat, Bharwana and alleged that on 19.9.2011, at about 11 A.M., the petitioner quarrelled with the complainant and called the complainant by his caste and threatened that he would kill him. The complainant was obstructed from discharging his official duty. On this the case was registered. During investigation, Sections 186 and 506 Indian Penal Code were dropped. Block Engineer, Suneet Rana has stated that no caste words were used on the spot, nor any threats were extended and no work was obstructed. It appears that the investigation in the case is almost complete. Thus, in the facts and circumstances of the case, the petitioner has made out a case for grant of bail under Section 439 Criminal Procedure Code. 4. Accordingly, the petitioner who is on interim bail is directed to be released on bail in FIR No.249 of 2011, dated 23.9.2011, registered at Police Station, Palampur (Kangra), under Sections 186, 506 Indian Penal Code and 3 (1) (X) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, on …3… his furnishing personal bond in the sum of Rs.20,000/- with one surety in the like amount to the satisfaction of the Additional Registrar (Judicial) of this Court during the course of the day, with the condition that petitioner shall continue to join the investigation as and when directed by the Investigating Officer and shall not hamper the investigation and tamper with the prosecution evidence in any manner. In case the petitioner fails to furnish the requisite bail bonds as directed, he shall be taken into custody. 10. The observations made in the judgment are for disposal of the bail application and shall not be construed as an expression of opinion on the merits of the case. Copy Dasti on usual charges October 12, 2011 ( Kuldip Singh ) (rkv) Judge.