ROHIT KUMAR 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. 197 of 2019, dated 30.09.2019, under Sections 341, 323, 307 read with Section 34 IPC, registered at Police Station Sadar Hamirpur, District Hamirpur, 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 keeping him behind the bars for an unlimited period, so he be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 30.09.2019 police were informed from hospital that a boy has been brought there in an injured condition. Police visited the hospital and found one Shri Rijul Dhumal, under treatment. Injured was accompanied by one Rahul Ram, who got his statement recorded under Section 1564 Cr.P.C. wherein he stated that he works under a contractor and injured is JCB driver. The injured stayed in his room and during night at about 01:00/01:15 a.m. Babu Ram @ Rohit Kumar (petitioner herein) and Vinod, who are real brothers, came in inebriated state and picked up a quarrel with them. The petitioner struck the injured with a bottle on his head and the bottle broke.