IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P(M) No. 543 of 2008. Judgement reserved on: Date of decision: 6.6.2008. Brahm Dass alias Sadhu Ram …..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.N.K. Thakur, 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. 43/2008 dated 23.5.2008 registered at Police Station, Bangana, District Una, under Sections 3 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 petitioner had surrendered in this court on 28.5.2008 when his application, under Section 439 Cr. P.C. was taken up for consideration. On 28.5.2008, interim bail was granted to the petitioner by this court in FIR No. 43 Whether the reporters of the local papers may be allowed to see the Judgment? …2… dated 23.5.2008. The prosecution case is that on 23.5.2008 Piare Lal complainant submitted a written complaint alleging therein that on 22.5.2008 at about 5.30 p.m. after closing of polling when he was standing outside, Brahm Dass, caste Brahmin came there and uttered derogatory caste related words to him and slapped the complainant without any cause. Avtar Singh also uttered caste related words against the complainant. Many persons were present at that place who advised the accused not to behave in that manner. On this, an FIR was registered. During investigation site was inspected by the Investigating Officer, who prepared site plan. The statements of witnesses have been recorded. It has come in investigation that on 28.5.2008 complainant submitted an affidavit to the police that Avtar Singh had not used caste related words against the complainant. The bail application has been opposed on the ground that accused is a clever person and he can influence the prosecution witnesses. 3. The learned counsel for the petitioner has submitted that complainant has falsely implicated the petitioner in the case. The petitioner is about 76 years old. He has joined the investigation as per the directions of this court dated 28.5.2008 and he is still ready and willing to join the investigation and furnish bail bonds in accordance with the directions of this court. No recovery is to be made from the petitioner. The allegations of influencing the witnesses against the petitioner are false. 4. The complainant to begin with levelled caste related allegations against the petitioner and one Avtar Singh, but later on vide affidavit dated 28.5.2008 the complainant had withdrawn the …3… allegations against Avtar Singh. The petitioner has joined the investigation in pursuance of order dated 28.5.2008. No recovery is to be made from the petitioner. In these circumstances, custodial interrogation of the petitioner is not required. The apprehension shown by the prosecution that the petitioner will influence the prosecution witnesses is without any foundation. In any case, if the petitioner will attempt to influence the witnesses, the prosecution is at liberty to proceed against him in accordance with law. 5. In the facts and circumstances of the case, the petitioner has made out a case for grant of bail. Accordingly, the application is allowed and order dated 28.5.2008 passed by this Court is made absolute. The petitioner is ordered to be released on bail in FIR No. 43/2008 dated 23.5.2008 registered at Police Station, Bangana, District Una, under Sections 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 on his furnishing personal bond in the sum of Rs.10,000/- with one surety of the like amount to the satisfaction of learned Sessions Judge, Una to be furnished within ten days from today. The petitioner shall join the investigation as and when called by the Investigating Officer. 6. Any observation made hereinabove shall not be construed as an expression of opinion over the merits of the case. The application stands disposed of. 7. Dasti copy on usual terms. June 6, 2008. ( Kuldip Singh ) (Hem) Judge.