JAIPAL NEGI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is in judicial custody since 14/5/2022, in case registered vide FIR No. 55 of 2022, dtd. 2/4/2022, at Police Station, Manpura, Police District Baddi, H.P. under Ss. 341, 323, 325, 307, 506 and 34 of IPC.

(2.) Petitioner has prayed for grant of bail under Sec. 439 Cr.P.C. on the ground that he has been falsely implicated in the case. As per petitioner, he has not committed any offence much less the offence alleged against him. It is also contended on behalf of petitioner that he has no past criminal history. Petitioner has been implicated for ulterior purposes. Petitioner is stated to be permanent resident of Village Theda, P.S.Manpura, Tehsil Baddi, District Solan, H.P. It has been undertaken by petitioner that he will abide by all the terms and conditions as may be imposed against him.

(3.) Status report has been filed on behalf of the respondent. It is revealed that the case was registered against petitioner and his co-accused on the basis of a written complaint submitted by the complainant Sh. Om Pal to the police alleging inter alia that the said Sh. Om Pal alongwith injured Bhajan Lal and another person named Ravinder Singh were standing near their fields when the petitioner alongwith his co-accused namely Sanju stopped there and the petitioner inflicted a blow on the head of Bhajan Lal with a sickle (Drat). On 5/5/2022, case summary in respect of injured Bhajan Lal was received from PGI, Chandigarh and the injury received by him was described as "dangerous to life and with sharp weapon". Accordingly, Ss. 325 and 307 of IPC were incorporated in the case and thereafter on 14/5/2022, the petitioner and his co-accused were arrested. As per status report, the investigation is complete and challan has been filed.