RAVI THAKUR Vs. HIMACHAL PRADESH STAFF

JUDGEMENT

(1.) By way of this petition filed under Sec. 439 of the Code of Criminal Procedure, the petitioner has prayed for grant of regular bail in FIR No. 94 of 2022, dtd. 19/4/2022, registered at Police Station Sadar Hamirpur, District Hamirpur, H.P. under Ss. 498-A and 306 of the Indian Penal Code.

(2.) Mr. N.K. Thakur, learned Senior Counsel appearing for the petitioner has argued that the petitioner is an army personnel and he otherwise is a local resident of village Chariyan Di Dhar, PO Bauru, Tehsil Bamsan at Tauni Devi, District Hamirpur, H.P. and ancestors of the petitioner have been residing in the village since long. Learned Senior Counsel has further argued that after the unfortunate incident, in which, wife of the petitioner lost her life, the petitioner is in custody w.e.f. 19/4/2022 and presently, he is stated to be lodged in judicial custody. Learned Senior Counsel has further argued that as of now, investigation is complete and no recovery etc. is to be effected from him and further as challan also stands filed, now no purpose is going to be served by detaining the petitioner further in custody, and therefore, a prayer has been made that the present petition be allowed and the petitioner be ordered to be released on bail, as otherwise also the petitioner is to join his service.

(3.) The petition is opposed by learned Additional Advocate General on the ground that the offences alleged against the petitioner are heinous and further taking into consideration the facts involved in the present case, the possibility of the petitioner, trying to influence the witnesses and thus hamper the course of trial, after release on bail, cannot be ruled out. Accordingly, he submits that the present petition be dismissed.