HITESH ALIAS DIMPLE Vs. STATE OF H P

JUDGEMENT

(1.) THE petitioners have approached this Court under Section 439 of the Code of Criminal Procedure for grant of bail. Prior to the present application, all the petitioners had approached the learned Sessions Judge, Bilaspur with the same prayer, which application was rejected by the learned Court on 22nd October, 2010.

(2.) THE petitioners have been accused for offences under Sections 307, 341, 353, 333, 323, 504, 506 and 34 IPC in FIR No.123 of 2010, dated 9.9.2010. THE case urged against the petitioners is that they had caused grievous injuries to Brij Lal who is working as Chowkidar in the Department of Irrigation and Public Health. It is stated that he was posted on night duty and at around 10.00 P.M., he was beaten up by the persons as named by him in the First Information Report and some other unknown persons causing serious injuries on his right eye, tooth and jaw. He was later on referred to Indira Gandhi Medical College and Hospital, Shimla for emergency surgical treatment of his eye.

(3.) THE statement of Jagdish Ram was recorded on 2.10.2010 by the Additional Superintendent of Police, where he has also named the petitioner as the assailants. He states that he came to know about their names at later point of time. On the same very fact is the statement of Anant Ram. This case is still at investigation stage. THE offences which are alleged against the petitioners are of serious nature.