Bipin Chander Negi, Judge (oral)

1. The petitioner has sought regular bail under Section 439 of the Code of Criminal Procedure in FIR No. 02/2024 dated 06.01.2024 registered under Sections 153-A, 499 and 379 of IPC. Interim protection was accorded to the petitioner vide order dated 11.01.2024. As per the status report filed on 17.01./2024, it is evident that petitioner has joined investigation.

2. Fresh Status report has been filed by the respondent- State. Same is taken on record. Copy whereof has been supplied to learned counsel for the petitioner.

3. From perusal of the status report, so filed, the allegations made out against the accused are that on his Facebook account he has made defamatory statement with respect to the concerned MLA and the District Administration. Defamation is a bailable offence.

4. In so far as the allegations against the petitioner with respect to the SC & ST Atrocities Act, 1989 is concerned, the status report itself categorically states that no case is made out against him in so far as Atrocities Act is concerned.

5. Qua the allegations with respect to the Section 153-A of IPC are concerned, a perusal of the status report categorically reflects that the posts made in this regard allegedly had been deleted by the accused. The status report further goes to state that in so far as deletion of posts is concerned in order to recover the same, help is being sought from META PLATFORM INC.

6. From the aforesaid, it is evident that as on date, prima facie their exists no case against the accused in so far as the Atrocities Act and Section 153-A IPC are concerned. Section 499 of IPC as stated supra is a bailable offence.

7. Allegations qua theft of the feet of Lord Triloknath (Khadau) are concerned the same have been specifically made against the petitioner alone. In so far as allegations against the petitioner under Section 379 of the IPC are concerned suffice it to state that the feet of the Lord Triloknath (Khadau) are in the Temple as on date.

8. Further, learned Additional Advocate General has fairly submitted, on instructions, received from ASI Shanta Kumar that custodial interrogation of the petitioner in the facts and circumstances of the case is not required. From the status report, so filed, it is evident that the petitioner does not have Criminal antecedents. There is no possibility of flight risk in the case at hand.

9. In view of the aforesaid, the petitioner is enlarged on bail.

Interim protection dated 11.01.2024 is made absolute, subject to following conditions:-

"(i) The petitioner shall join the investigation of the case as and when called for by the Investigating Officer in accordance with law and shall cooperate with the Investigating Agency.

(ii) The petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever:

(iii) The petitioner shall not contact the complainant, threaten or browbeat him or to use any pressure tactics in any manner whatsoever.

(iv) The petitioner shall not leave India without prior permission of the Court.

(v) The petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the facts of the case to dissuade him from disclosing such facts to the Court or any Police Officer;

(vi) The petitioner shall attend the trial on every hearing, unless exempted in accordance with law.

(vii) The petitioner shall inform the Station House Officer of the concerned Police Station about his place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish furnish details of his Aadhar Card, Telephone Number, E-mail, PAN Card, Bank Account Number, if any."

10. In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an opinion on the merits of the matter. Learned trial Court shall decide the matter without being influenced by above observations. With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any.

11. Downloaded copy of this judgment is valid for compliance.