RAVI KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THE Petitioner has filed this application under Section 438 Code of Criminal Procedure seeking direction for release on bail in case he is arrested in FIR No. 105, dated 23.3.2011 for offences under Sections 147, 148, 149, 307, 302 and 120B IPC registered with Police Station Paonta Sahib.

(2.) THE case was initially listed on 6th May,2011, thereafter the Petitioner has been asked to attend the investigation. The Petitioner has been charged for offences under Sections 147, 148, 149, 307, 302, 120B IPC, registered with the Police Station, Paonta Sahib on 23.3.2011. This is a case of communal clash and also rioting and violence which ensued thereafter. Accused Sumit Bhardwaj, Nitish Kumar and Praveen Kumar were arrested on 23.3.2011 and accused Devinder Kumar, Rohit alias Sagar, Ajay Kimar alias Kachi and Gurpreet Singh were arrested on 29.3.2011. The case is at its investigation stage and the statements of various witnesses have been recorded. Spot witnesses are Shailender, Chetan, Narender Kumar, Sandip Kumar, Kuldip Singh, Devender Kumar alias Nagaand Asgar Ali, who, according to the prosecution, have given the vivid description of the incident and found involvement of the Petitioner in this case. The prosecution record further shows that on 9.4.2011, an attempt was made to arrest the Petitioner, but he could not be found and repeated visits of the police to his residence on 12.4.2011, 20.4.2011, 24.4.2011 and 30.4.2011 proved futile. The case as put forth by the Petitioner herein is that he is innocent. The second point urged is that he has been falsely named in the FIR and in case he is arrested his entire career will be marred. It is submitted that on the alleged date of incident, he was attending Jagran of 'Ma Durga' at Ward No. 11, Nav Vihar Colony, Tehsil Paonta Sahib as he is playing Dholak at ceremonies.

(3.) I have heard learned Counsel for the parties and have gone through the record.