KAPIL DEV Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant petition, preferred under Sec. 439 Code of Criminal Procedure (in short 'Cr.P.C.), has been filed for enlarging the petitioner on bail in case FIR No. 80 of 2020, dtd. 11/3/2020, registered in Police Station Baddi, District Solan, H.P. under Ss. 302, 147, 148, 149 and 504 of Indian Penal Code 1860 (in short 'IPC').

(2.) Status report stands filed. Record was also made available.

(3.) Prosecution case in brief is that on 10/3/2020, at Maanpura on the festival of Holi, victim, alongwith his room partners and some other boys, was celebrating Holi on the roof of their house. At around 1.30 p.m., six to seven boys, including petitioner - Kapil Dev and Neeraj came there, who were tenants in the same vicinity, and started hurling abuses without any reason and when victim and others tried to stop them, they started beating them with kick and fist blows and petitioner-Kapil Dev picked up an iron rod, lying on the roof, and gave blow on the head of victim - Ashish Kumar. Thereafter, victim Ashish Kumar was taken to the hospital wherefrom he was referred to P.G.I. Chandigarh on the same day and Sheshmani Prajapati, Roshan Singh, Aman Gupta and Javed Khan accompanied the victim to PGI Chandigarh.