AMIT KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioners have approached this Court, invoking provisions of Section 439 of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C.), seeking regular bail in case FIR No.295/2021, dated 19.9.2021, registered under Sections 307, 341, 323, 325, 504, 506, 34 of the Indian Penal Code, in Police Station Balh, District Mandi, Himachal Pradesh.

(2.) Status Report stands filed. Record was also produced, which was returned after perusal with direction to the learned Additional Advocate General to retain photocopy of the relevant record.

(3.) Case of the prosecution is that on 18.9.2021, complainant Nishant alongwith Bhawani Singh were taking Mukesh Singh, on their motorcycle No.HP33A-5320, to Harihar Hospital Gutkar for his treatment and when they reached near Show Room of JAWA MOTOR CYCLE, driver of an ALTO Car had taken pass from the motorcycle dangerously by moving his car with a cut towards motorcycle, due to which motorcycle riders had cried loudly, whereupon ALTO Car driver had parked his car in front of motorcycle and three persons came out of the car and started abusing the complainant party. During this time, complainant, who was sitting on the motorcycle, had started the motorcycle and Mukesh and Bhawani also sat on motorcycle and they started towards Harihar Hospital and at that time driver of ALTO Car had tried to stop them but they had left the place. Thereafter, when motorcycle reached near Shivay Dhaba, the driver of ALTO Car came from back side, with intention to kill the complainant party, and had hit the silencer of the motorcycle with Car, whereupon complainant party had fell on the road causing injuries to them and damage to the motorcycle.