YASH PAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner is an accused in case FIR No. 198 of 2021 dtd. 22/7/2021 under Ss. 302 read with Sec. 34 of Indian Penal Code, registered at Police Station, Nurpur, District Kangra, H.P. The petitioner is in custody since 23/7/2021.

(2.) Petitioner has approached this Court for grant of bail under Sec. 439 Cr.P.C. on the grounds that the petitioner has been falsely implicated. There is no iota of evidence, which may connect the petitioner with commission of alleged offence. The investigation in the case has been completed. No fruitful purpose will be served by keeping the petitioner in custody. As per petitioner, he is the only bread earner of his family, which includes his wife, two daughters and one son. Petitioner has no other criminal case pending against him. There is no apprehension of petitioner absconding from the course of justice or tampering with the prosecution evidence. He is ready and willing to abide by all the conditions, as may be imposed against him.

(3.) In response, status report has been filed. It is alleged that on 22/7/2021 one Baryam S/o Vidhi Ram, (now deceased) got recorded his statement under Sec. 154 Cr.P.C. to the police alleging inter-alia that on 21/7/2021, he was sitting in Courtyard outside his house, after having dinner and his wife along with daughters had gone to sleep. At about 10.00 P.M. while cleaning courtyard, he found some crackers left after Diwali and he burnt those crackers. On the noise of crackers, the bail petitioner along with Jeet Singh came out side the house of complainant and started abusing him, on the pretext that why he was exploiting the crackers. They hit the complainant with a brick which caused injuries on his head. Petitioner was having a knife in his hand with which, he inflicted injuries on the arm of the complainant. Thereafter, the petitioner and said Jeet Singh inflicted blows on complainant with fists and kicks. He was saved by his wife and daughters. He had received injuries on head, arm, stomach eye and other parts of body as a result of beatings given by petitioner and Jeet Singh.