HEM RAJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner, under Section 439 of the Code of Criminal Procedure, seeking his release, in case FIR No. 165 of 2020, dated 17.11.2020, under Sections 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act, registered at Police Station Baijnath, District Kangra, H.P.

(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. Further, he is permanent resident of Himachal Pradesh and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by keeping him behind the bars for an unlimited period, so he be released on bail.

(3.) Police report stands filed. The prosecution story, as emerges from the records, is that on 16.11.2020, an incident, regarding a gun shot, fired at Garg Home Stay, Kotli, was reported at police station. Consequently, ASI Leeladhar alongwith other police officials left for Garg Home Stay and on reaching there, recorded the statement of complainant Umesh Kumar, wherein he alleged that he is lease holder of Garg Home Stay and obtained the same around one month ago, for a period of one year, from one Jeet Kumar. On 16.11.2020 around 9:15 p.m., when he and Abhinav (Cook of Home Stay) were cooking food in the kitchen, accused Hem Raj, who was under the influence of liquor, came there and started abusing them, since the chairs of the Home Stay were laid on the road, leading to his house. Thereafter, the accused left for his house. However, after some time he again came to his lintel and started abusing them and also threatened them by saying that since he is an Ex-serviceman, he can kill them. When the complainant came out of the kitchen, the accused, without any reason, fired a gun shot at him. However, the gun shot hit the door and the complainant sustained minor injury on his left leg. Consequently, FIR No. 165 of 2020, dated 17.11.2020, under Sections 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act came to be registered against the accused. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was involved in a serious offence, and there is possibility that in case at this stage he is enlarged on bail, he may tamper/hamper with the prosecution case.