LAWS(HPH)-2024-7-10

YASHPAL BHATT Vs. STATE OF H.P.

Decided On July 12, 2024
Yashpal Bhatt Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail. It has been asserted that the petitioner was arrested vide F.I.R. 145 of 2023, dtd. 6/11/2023 for the commission of offences punishable under Ss. 307, 326, 324, 506 of IPC registered at Police Station Gagret, District Una. H.P. The petitioner is a permanent resident of District Kangra, Whether reporters of Local Papers may be allowed to see the judgment? Yes. H.P. He has roots in the society and there is no apprehension of his absconding. The victim stated in her affidavit and her statement before the Investigating Officer that she had suffered injury mistakenly and accidentally during the heat of the domestic talk with the petitioner. The petitioner is a first-time offender and no case is pending against him. The petitioner would abide by all the terms and conditions, which the Court may impose. Hence, it was prayed that the present petition be allowed and the petitioner be released on bail.

(2.) The petition is opposed by filing a status report asserting that the informant made a statement to the police that he and the petitioners are tenants in the building of Amit Sharma. The petitioner used to quarrel with his wife. On 6/11/2023 at 5:30 a.m., the informant was present in his room when he heard some noise coming from the petitioner's room. The informant went to the petitioner's room and found that the door was open. The petitioner was holding a saving blade. He had caused an injury to his wife's neck. She was bleeding profusely from the neck. When the informant tried to stop the petitioner, he caused injuries to himself. Other tenants also reached on the spot and they separated the petitioner and his wife. Petitioner and his wife were brought to the hospital. The matter was reported to the police. The police conducted the investigation and seized a blood-stained shaving blade. The victim was medically examined. She was referred to PGI Chandigarh. She was again referred to RPGMC Tanda. She was advised to undergo some medical tests but she refused to undergo those tests. As per medical opinion, the injury suffered by the victim is grievous. The police arrested the petitioner. The sample was sent to RFSL, Dharamshala, H.P. and as per the report of the RFSL, Dharamshala, H.P. human blood was found in the blood lifted from the spot and blood sample of the petitioner. The blood was found on the razor blade but it was insufficient for serological examination. The police filed a challan against the petitioner for the commission of offences punishable under Ss. 307, 326, 324, and 506 of IPC. Hence, the status report.

(3.) I have heard Mr. Dheeraj K. Vashisht, learned counsel for the petitioner and Mr. Lokender Kutlehria, learned Additional Advocate General for the respondent-State.