BHOLA Vs. STATE OF H P

JUDGEMENT

(1.) THIS judgement shall dispose of Cr.MP(M) Nos. 578, 579 and 580 of 2012 filed by Bhola, Narinder Singh and Rohit Kumar, respectively, under section 438 Cr.P.C. for releasing them on bail in FIR No. 66/12 dated 24.3.2012, registered at Police Station, Jawali, Distt. Kangra, H.P., under sections 341, 326, 323, 34 IPC.

(2.) IT has been stated by the petitioners that they have been falsely implicated in the case. The daily station diary CIPA-RI. 10 99, G.D. Entry No. 39(A), from Reporting official (INSP) Hari Pal Saini and GD entered by Sh. Sudershan Kumar shows criminal trespass with intention to kill/ make grievous hurt to the accused of FIR 66/2012, but on the basis of report FIR has not been registered due to political reasons and to harass the petitioners. The petitioners filed bail applications, which have been wrongly dismissed by the learned Addl. Sessions Judge (1), Kangra at Dharamshala on 26.2.2012.

(3.) THE status report has been filed in Cr.MP(M) No. 578 of 2012. It has been stated that on 24.3.2012 statement of Mohan Singh, under section 154 Cr.P.C. was received for registration of case. The complainant has stated that on 24.3.2012 at about 1.00 p.m., he alongwith his brother Banti Kumar had gone on scooter to Chalwara for bringing iron gate. Anil Kumar met him at a place before Chalwara crossing. Anil Kumar requested the complainant to drop him a little bit ahead. Banti Kumar younger brother of the complainant alighted from the scooter, the complainant dropped Anil Kumar ahead of the house of Bhola on road. The complainant took a turn and started to return. The complainant saw Bhola, Rahul Guleria alias Ishu, Narinder Kumar alias Sintu beating Anil Kumar. The complainant asked why they were beating him, Bhola came on the way of complainant, stopped him and attacked him with a dagger which hit the complainant in between thumb and index finger of right hand. Ishu and Sintu gave complainant beatings with dandas, as a result of which complainant sustained injuries on his right hand, right leg, left leg, head and other parts of the body. The complainant requested for registration of the case. The statement of complainant was recorded after taking opinion from the doctor. On this case was registered.