VIKAS KAUNDAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has preferred the present bail application under Section 438 Cr.P.C. with a prayer to grant pre-arrest bail in case FIR No. 31 of 2014 registered on 7.3.2014 with the Police Station, Nadaun, District Hamirpur, H.P. under Sections 354, 504 and 506 IPC.

(2.) The records of the case reveals that the prosecution case is that on 7.3.2014 at about 7.30 p.m. the petitioner who had been raising the construction of his 5th floor despite the stay orders from the Court was asked by the complainant not to continue with the work and extend the projection of his house towards the house of the complainant. Upon this, the petitioner started hurling abuses against the complainant and made accusation regarding her character and also threatened her. The further allegation is that the petitioner put his hand around the neck of the complainant and tore her clothes. Upon this, the complainant raised hue and cry which was heard by Shanti Devi, Ward Member, Ward No.5, who came out of her house alongwith her daughter-in-law. Upon seeing these two ladies, the petitioner is alleged to have run away. On the basis of such allegations, the FIR came to be registered.

(3.) Mr. Virender Kumar Verma, learned Additional Advocate General has opposed the bail application and argued that a very serious and heinous offence has been committed by the petitioner, which deserves no leniency. On the other hand, learned counsel for the petitioner has argued that the FIR is an outcome of the civil dispute not only inter se the parties but inter se between the so called witness Shanti Devi as her husband has filed a suit against the petitioner.