JEEVAN Vs. STATE OF H.P.

JUDGEMENT

(1.) This application under Section 439 of the Code of Criminal Procedure has been moved by the accused -petitioner (here after referred to as the accused) for his release on bail in case FIR No. 20/2004 dated 3.2.2004, under Sections 307, 147 and 212, Indian Penal Code, registered at Police Station, Bharari, District Bilaspur.

(2.) Case of the prosecution against the accused is that on 3.2.2004 when complainant Rakesh Kumar was handing over some coins to Bablu at the shop of Bablu, a car having three or four occupants stopped on the spot. One of the occupants of the car was one Moni having a shop of cassettes etc. near the school. The said occupants immediately assaulted the complainant and one of them gave knife blows to him and others gave him fist and foot blows and bolted away. The matter was reported to the police and investigation followed. On investigation, it was found that the accused and his companions had come to the spot in Car No. HP -33 -9554 and assaulted the complainant and caused six injuries to his person, five of which were caused with sharpened weapon and one with blunt weapon. The assailants were found, the accused, Parveen Rana and Gopal Bharti. One Shashi Bhushan was found to have helped the accused and his co -accused in absconding after the commission of the crime. On investigation it was found that the accused and his companions planned to beat Rakesh Kumar at the behest of Moni alias Kapil Dev as there were strained relations between the victim and accused Kapil Dev. It was also found that the injuries with the sharp edged weapon i.e. knife were caused to the complainant by the accused whereas others gave him fist and foot blows. AII other accused are already on bail. The application preferred by the accused for grant of bail had been dismissed by the learned Sessions Judge, Bilaspur on the premises that it was the accused that was armed with the sharp edged weapon and inflicted multiple injuries on the person of the complainant and he is involved in various criminal cases. The present bail application has been moved by the accused on the ground that he has not committed any offence and has been falsely implicated in the case and is; thus innocent person belonging to a respectable family and belongs to a district other than the district where the occurrence took place.

(3.) I have heard the learned Counsel for the accused and the learned Deputy Advocate General and have also gone through the police report and the investigation records.