MADAN MANJHI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition, filed under Sec. 439 of the Criminal Procedure Code, the petitioner is seeking bail in case FIR No. 151/2023, dtd. 29/8/2023, registered at Police Station Dehra, District Kangra, H.P., under Ss. 307, 382 and 201 of the Indian Penal Code.

(2.) The prosecution story, in brief, is that on 29/8/2023, one Krishan Lal, Director M/s Steelking Enterprises (P) Limited, had reported that at 8:30 a.m., when one Mr. Rahul, Supervisor of the Company reached the Factor, he reported that the Chowkidar, i.e., the present petitioner (Madan Manjhi), was not opening the gate. In the facts and attending circumstances, the complainant had asked the Supervisor, i.e., Mr. Rahul to scale the wall and open the gate from inside.

(3.) On opening the gate, it was found that an unknown lady was lying in the room of the petitioner in a serious condition. The petitioner, despite being the Chowkidar of the Factory was not present at the site. On checking the Cameras, it was found that the unknown lady had entered the Factory premises with the petitioner at about 7:18 p.m., on 28/8/2023. Thereafter, at about 8:00 p.m., the petitioner could be seen running from the Factory premises. The complainant had noticed rashes on the neck of the unknown lady. From the same, according to the complainant, it could be presumed that the petitioner had tried to strangulate the unknown lady.