SIRMOUR SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) This petition under Sec. 438 of Code of Criminal Procedure is in relation to FIR No. 96/2022, registered under Ss. 147, 148, 149, 186, 353, 504, 341 and 332 of Indian Penal Code, at Police Station, Paonta Sahib, District Sirmour, H.P. .

(2.) The FIR was registered in view of a complaint lodged by one Shri Deep Ram on 9/5/2022. The complainant had stated that on 9/5/2022 he was patrolling the forest area within his jurisdictional beat. At around 6:00 A.M., he noticed six persons carrying out illegal mining in the area. On inquiry, these persons did not disclose their names and addresses but stated that they were employees of one Sirmour Singh (bail petitioner). Five persons went away from the spot but one of them engaged in a verbal spat with the complainant. Some time later, bail petitioner reached the spot alongwith 8-10 persons. They were all carrying stones and wooden sticks in their hands. The complainant started to make video of the scene from his personal mobile. The entire mob tried to assault him. Noticing that the complainant was making a video, the bail petitioner tried to project as if he was saving the complainant instead of assaulting him. It was with great difficulty that the complainant escaped from the scene unhurt.

(3.) Ad-interim protection was granted to the petitioner on 13/5/2022. As per status report, the petitioner has joined the investigation and is co-operating with the investigating agency. But for the offence under Sec. 353 IPC, the other offences are bailable. The investigating agency has issued notice under Sec. 41(A) Cr.P.C. to the petitioner. The status report does not indicate any criminal record of the petitioner.