INDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is an application under Section 439 Code of Criminal Procedure for releasing the applicant on bail in FIR No. 142 of 2011 dated 02.07.2011, registered at Police Station Theog under Sections 307, 326, 354, 452, 324 and 323 Indian Penal Code. The Status report has been filed.

(2.) IT has been submitted by the learned Counsel for the applicant that the applicant has been falsely implicated in the case by Tara Chand cousin of the applicant on account of land dispute. The complainant and her husband are working as labourers with Tara Chand. It has been submitted that No. recovery is to be made. The investigation in the case is complete. The continuous detention of the applicant will not serve any purpose. The applicant has a son about 6 years old. The mother of the child has died five years back. There is nobody to look after the child. The said child is studying in 3rd standard. The applicant is a law -abiding person, he will abide by the terms of the bail, in case he is released on bail.

(3.) I have considered the submissions made on either side. The learned Counsel for the applicant has stated that applicant believes that main witnesses in the case are the complainant and her husband. It appears from the status report that even as per the Investigating Agency the applicant came in the cowshed where complainant was already present. He had some altercation with the complainant and thereafter rest of the alleged occurrence took place.