MOHINDER VERMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is an application for releasing the petitioner on bail under Section 438 Cr.P.C. in FIR No.124/2012 dated 16.8.2012, registered at Police Station, Theog, Distt Shimla for offences punishable under Sections 147, 149, 323, 341, 506(ii) IPC. Whether the reporters of the local papers may be allowed to see the Judgment?Yes

(2.) IT has been submitted that petitioners are permanent residents of places mentioned in the memo of parties. The prosecution story is that complainant Rajesh Chandel and others were going to a shop for purchasing articles. The petitioner No.5 Sushant came there and had a few words with Rajesh and others regarding student election which was held on 23.8.2012. It has been alleged that some hot discussion took place and petitioner No.5 gave beatings to the complainant. He was saved by his companion. The petitioners hurled abuses to the complainant and others and threatened them. The petitioners gave kick and fist blows, as a result of which clothes of the complainant were torn. The petitioners tried to drag the complainant. The complainant in order to save himself fled away and thereafter reported the matter to the police.

(3.) THE status report has been filed. It has been stated that on 16.8.2012, Rajesh Chandel submitted an application in the Police Station. He has stated that on 16.8.2012. at about 8.30 p.m. he and Sahil were going from Janog Ghat towards Court, some persons stopped them on the way, dragged them towards children park. Mohinder, Suresh Verma, Sushant and Rinku etc. who are supporter s of SFI asked the complainant whether he was supporter of ABVP, the complainant answered in affirmative. On this, they gave him beatings with kick and fist blows, as a result of which complainant and Sahil sustained injuries. A little ahead Pankaj Bekta was walking who informed the police. On this the assailants left the complainant and ran away from the spot. They gave threats to the complainant that they would kill him. On this case has been registered.