SUNIL KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner, under Section 438 of the Code of Criminal Procedure, seeking his release in case FIR No. 100 of 2019, dated 28.12.2019, under Sections 353, 323 and 325 IPC, registered at Police Post Chail, Police Station Kandaghat, District Solan, H.P.

(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is permanent resident of the place 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 sending him behind the bars, so he be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 28.12.2019 police were informed from Primary Health Centre, Chail, that a person has been brought there, who has received injuries in a quarrel. A police team rushed to Primary Health Centre, Chail, where one Shri Sehajpal (complainant) was brought for treatment. Police recorded the statement of the complainant under Section 154 Cr.P.C. As per the complainant, he works as Conductor in Punjab Roadways and on 28.12.2019, at about 11:00 p.m., they started their journey from Patiala to Chail. At about 6:15 p.m. the bus reached Chail and one person, who often remains inebriated, started arguing with him. The complainant has further stated that said person stood in front of the bus and started pelting stones.