BALWANT Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS judgement shall dispose of Cr.MP(M) Nos. 1124 and 1125 of 2011, filed under section 438 Cr.P.C. by Balwant and Bimla Devi, respectively for releasing them on bail in FIR No. 114/2011 dated 14.10.2011 registered at Police Station, Chirgaon, under sections 447, 452 and 506 IPC.

(2.) IT has been stated in the applications that one C.D. Bhatt on 14.10.2011 had alleged that petitioners are encroaching the land owned by C.D. Bhatt and situated in village Khashdhar. In view of complaint of C.D. Bhatt, the police is calling the petitioners' family time and again to the police station, even a case being FIR No. 114 of 2011 dated 14.10.2011 has also been registered at Police Station, Chirgaon.

(3.) THE bail applications have been opposed by filing status report in Cr.MP(M) No. 1124 of 2011. It has been stated in the status report that case has been registered on the statement under Section 154 Cr.P.C. of Jeet Bahadur, Chowkidar working in the orchard of C.D. Bhatt. It has been stated that on 7.10.2011 Jeet Bahadur had gone to Khashdhar and when he returned in the evening, he found a Dhara constructed on the land of C.D. Bhatt. Balwant petitioner was standing near the Dhara and on asking, Balwant told that he and his mother had constructed the Dhara on their own land. In fact the land over which the Dhara has been constructed is owned by C.D. Bhatt. The wife of the complainant also told that Bimla Devi and Balwant brought wooden planks and CGI sheets and threatened the complainant not to cut the grass from the land near the Dhara otherwise they would kill her. It has been stated that Dhara has been constructed in order to encroach the land of C.D. Bhatt.