VIJAY KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PETITIONER has approached this Court under Section 438 Cr.P.C. for grant of pre -arrest bail in case FIR No. 60 of 2014 dated 31.5.2014 registered at Police Station, Bharari, District Bilaspur, H.P. under Sections 376, 506 IPC.

(2.) IT has been pleaded that a false case has been registered against the petitioner under Section 376 IPC vide FIR No. 60 of 2014 dated 31.5.2014 at Police Station, Bharari, District Bilaspur, H.P. It is claimed that the complainant is habitual of involving innocent villagers in false cases and she has lodged cases against one Piar Singh under Section 354 IPC, who is aged about 56 years. Not only this, the complainant has recently lodged cases under Sections 354, 506 IPC against one Raman Kumar and Anju Bala and also against the present petitioner. The complainant is habitual of picking up quarrels with the Panchayat Pradhan and Members during the meeting which led to criminal case being registered against the complainant under Sections 451, 448 and 323 IPC. She attacked Anju Bala and her husband with a sickle. On 30.5.2014 the petitioner had visited the house of Raman Kumar alongwith others including Pradhan of Gram Panchayat. The complainant was locked in a room by the family members of Raman Kumar just to save their lives. When the police visited the spot, on inquiry the petitioner had told the police that the complainant was habitual of filing false complaints and she had attacked the family members of Raman Kumar. His statement was recorded by the police. The petitioner further stated that he was neither on talking nor on visiting terms with the complainant for the past three years and had been falsely implicated in the present case.

(3.) I have heard Mr. N.S. Chandel, learned counsel for the petitioner, Mr. R.P. Singh, learned Assistant Advocate General for the State and Mr. B.C. Negi, learned counsel for the complainant and have also gone through the status report and the records of investigations carefully.