MOHINI PATRWAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioners, namely Mohini Patrwal and Rubel Patrwal, who are behind the bars since 18/6/2021, have approached this Court in the instant proceedings filed under Sec. 439 of the Code of Criminal Procedure, praying therein for grant of regular bail in case FIR No.81 of 2021, dtd. 18/6/2021, registered at police Station, Kangra, District Kangra, H.P., under Ss. 302, 307, 452, 325, 504, 506, 147, 148, 149 and 201 of IPC.

(2.) In terms of order dtd. 23/8/2021, respondent-State has filed the status report and ASI Ashwani Kumar has come present alongwith the record. Record perused and returned.

(3.) Perusal of status report/record made available to this Court reveals that on 18/6/2021, complainant namely, Pritam Chand got his statement recorded under Sec. 154 Cr.P.C alleging therein that on 18/6/2021, at about 8.00 AM while he was going towards house of Rakesh Kumar, he saw persons namely, Kartar Chand, Ravinder Kumar, Rajinder Kumar, Robin, Mohini, Rubel, Asha, Nisha and Shankuntla going towards the house of Rakesh Kumar. Complainant alleged that all the above named persons were carrying Darat (sickle) and dandas (sticks) and they after having opened the Iron Gate, entered the veranda and started giving beatings to Uma Shankar and Rakesh Kumar. After having heard cries of aforesaid persons, persons namely, Satpal, Dharam Pal, Sheela Devi and Subhash Chand, also reached the spot and tried to rescue persons namely, Uma Shankar and Rakeh Kumar. Complainant alleged that all the persons namely, Kartar Chand, Ravinder Kumar, Rajinder Kumar, Robin, Mohini, Rubel, Asha, Nisha and Shankuntla started giving beatings to Subhash Chand with Sickle and sticks and Rajinder Kumar gave blow of sickle on the head of Subhash Chand, as a consequence of which, he fell on the ground. Complainant also alleged that Kartar Chand, Ravinder Kumar, Rubel, Robin and Mohini were carrying sticks in their hands and person namely Ravinder Kumar gave blow of stick on the head of Rakesh Kumar, as result of which, he fell on the ground. He alleged that all the persons, named hereinabove, kept on hitting Subhash Chand and Rakesh Kumar with sticks and they left the places extending threats and hurling abuses. Complainant alleged that Ms. Sonali daughter of Subhash Chand picked Subhash Chand from the ground and he was bleeding. In the aforesaid background, a case under Ss. 307, 452, 147, 148,149, 504 and 506 of IPC, came to be registered against the persons named hereinabove. On ac- count of injuries suffered by Subhash Chand and Rakesh Kumar they were initially taken to Dr. Rajinder Prashad Medical College, Tanda, but from there they both were referred to PGI, Chandigarh. Since both the above named persons subsequently succumbed to their injuries, a case under Sec. 302 of IPC apart from the Sec. as detailed hereinabove came to be registered against the persons named in the FIR including the present bail petitioners. Since challan stands filed in the competent court of law and nothing remains to be recovered from the bail petitioners, petitioners have approached this Court in the instant proceedings for grant of regular bail.