LAWS(HPH)-2012-5-67

BHAGWAN SINGH Vs. STATE OF HIMACHAL PRADESH

Decided On May 10, 2012
BHAGWAN SINGH SON OF LATE SHRI DAULAT RAM Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) THIS is an application for releasing the petitioner on bail under Section 438 Cr.P.C. in FIR No.72 of 2012 dated 25.4.2012, registered at Police Station, Sadar Kullu for offences punishable under Sections 147, 148, 149, 506, 323, 451 IPC.

(2.) IT has been stated that petitioner has been falsely involved in the case, on the relevant date and time petitioner was not at Kullu, he was in the office of General Manager, Sainj Hydle Project, Sarabhai at Bhunter in connection with the acquisition of land of the petitioner, situated at village Nalon. The petitioner is innocent, he has committed no offence. But on account of registration of the case, the Whether the reporters of the local papers may be allowed to see the Judgment?Yes petitioner is apprehending his arrest. The case is politically motivated. The petitioner is active member of particular political party whereas relatives of the complainant are active members of another political party. The petitioner is ready to join investigation and furnish bail bonds in accordance with the directions of the Court. The submission has been made for releasing the petitioner on bail.

(3.) THE complainant requested the driver to remove the vehicle, the driver of the vehicle and a person who was sitting with him started quarrelling with the complainant but they left the place. THEy returned after five minutes and abused the complainant. THEy proclaimed that they were "Don". THEy threatened that they would return and tell the complainant who were they and left. THEy returned after about ten minutes with two vehicles with their companions. THE accused tresspassed in the Lokmitter Kender and gave beatings to the complainant and his younger brother Rahul with fist blows, lathies and rods. THEy also took away an amount of rupees one lac which was in Lokmitter Kender on account of payment of electricity bills. In the meeting, the chain which complainant was wearing around his neck had also been misplaced, a Phone Glexi S. was also broken. THE complainant suffered injuries on both legs and left arm. THE younger brother had sustained injuries on the neck and hands. THE assailants were 6/7 persons. THEy were addressing the names of Bhagwan Dass and Anshul. THE complainant stated that he does not know the names of others. THE assailants gave beatings without any reason and fled away later on. On this, case has been registered.