GIAN CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant bail application has been maintained by the petitioner under Section 438 of the Code of Criminal Procedure for grant of bail, in the event of his arrest, in case FIR No. 77 of 2021, dated 16.07.2021, under Sections 341, 323 and 506 IPC, registered at Police Station Rohru, District Shimla, H.P.

(2.) As per the petitioner, he is innocent and has been falsely implicated in the present case. He is permanent resident of the place, thus neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so he may be released on bail.

(3.) Police report stands filed. As per the prosecution, on 16.07.2021, upon the complaint of Shri Tilak Raj (complainant) police registered a case. As per the complainant, he is Pradhan of Gram Panchayat Krasa and at about 07:00 p.m. when he was present alongwith villagers, i.e., Shri Sikander and Shri Suresh Kumar, at Bahali and was checking the work of the road one Gian Chand (petitioner herein) came armed with an axe. The petitioner inflicted axe blows on the complainant, but he managed to dodge the same. In the brawl, the complainant sustained injuries. As per the complainant, Shri Sikander and Shri Suresh Kumar rescued him from the petitioner. The complainant, while leaving the spot, threatened him to do away with his life. Upon the complaint, so made by the complainant, police registered a case under the apt Sections of IPC and the investigation ensued. The complainant was medically examined, police visited the spot of occurrence, prepared the spot map and recorded the statements of the witnesses. Initially, the petitioner tried to evade his arrest, but on 21.07.2021 he joined the investigation. During the course of investigation, the petitioner divulged that he was not armed with axe or any other weapon, the scuffle took place without any weapon and during the scuffle the complainant fell down and sustained injuries by felling. As per the police, one more case under Sections 451, 427, 504 and 506 IPC and Sections 3(1) (s), 3(2), (v-a) SC & ST has been registered against the complainant, in which, on 24.07.2021, he was arrested and is currently in judicial custody. Lastly, it is prayed that the petitioner has committed a serious offence and in case, at this stage, if the petitioner is enlarged on bail, he may flee from justice or tamper with the prosecution evidence, so the bail application of the petitioner may be dismissed.