KALYAN SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS is an application, under section 438 Cr.P.C., for releasing the petitioner on bail in FIR No. 154/11 dated 5.11.2011, registered at Police Station, Jogindernagar, under sections 341, 323,302, 34 IPC. It has been stated that above case has been registered against the petitioner and others at Police Station, Jogindernagar on 5.11.2011. The petitioner is innocent, he has been falsely implicated in the case. The other party, namely Varinder Singh, Kulbhushan and Bhopal armed with dandas and sharp edged weapons came to the house of the petitioner and abused the petitioner and his family members and gave beatings to the petitioner, his brothers and mother Smt. Meera Devi. Onkar Singh and Anil Kumar died on the spot due to attack of Varinder Singh and others. Smt. Meera Devi was hospitalized, but she also died within twenty days of the incident. The petitioner suffered grievous injuries at the hands of Varinder Singh and others. The petitioner was admitted in the hospital and was operated upon. He was discharged from the hospital but was again admitted in the hospital for intestinal obstruction.

(2.) THE police from Jogindernagar Police Station visited several times the hospital. The petitioner has reasonable apprehension that he will be arrested in FIR No. 154/11. It has been stated that FIR No. 154/11 is a counterblast to FIR No. 153 dated 5.11.2011 which was lodged against Varinder and others by the sister -in -law of the petitioner. There are material contradictions in the statements of Varinder, Surinder, Kulbhushan under section 164 Cr.P.C. The post mortem report indicates injury on the head of Bhopal with blunt weapon. It has been stated that no recovery is to be made at the instance of the petitioner. The earlier bail application of petitioner has been dismissed by learned Sessions Judge, Mandi on 23.1.2012. The petitioner is ready to furnish bail bonds in accordance with the directions of this Court. The prayer has been made for releasing the petitioner on bail.

(3.) IT was found that injured Varinder Singh, Bhopal Singh, Surinder Singh went to Sub Devisional Hospital, Baijnath for treatment. The doctor referred injured Bhopal Singh and Varinder Singh to Rajinder Prasad Govt. Medical College, Tanda for treatment and, therefore, ASI Satpal, Incharge Police Post Ghatta was sent to Rajinder Prasad Govt. Medical College, Tanda. Bhopal Singh was referred to PGI, Chandigarh. The statement of Varinder Singh was recorded under section 154 Cr.P.C. and thereupon the case was registered. Varinder Singh in his statement under section 154 Cr.P.C. has stated that marriage of his brother Kulbhushan was fixed on 2/3.11.2011, their relations guests had come in the marriage. The distance between their old and new houses is 500 meters. On 4.11.2011 after meals at about 11.00 p.m., his brother Surinder Singh in the vehicle of Phulgar went to his home, who after five minutes on telephone informed Bhopal that their cousins Kalyan Singh, Baldev Singh and Sansar Chand were not allowing the vehicle to pass. On this, the complainant and his brother Bhopal reached there.