RAJEEV KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petitioner has sought regular bail in case FIR No. 145 of 2014 dated 25.12.2014 registered under Sections 302, 114, 451, 341, 323, 504, 34 IPC at Police Station, Bhawarna, District Kangra, H.P.

(2.) THE learned Additional Advocate General has filed the status report and has also made available the records of the investigation. The allegations against the petitioner as emerge from the records of the investigation is that the complainant Champa Devi on 25.12.2014 was stated to be going on the path behind her house alongwith a basket which got stuck with the hedge and while she was trying to take out the same, the petitioner started abusing her and told her that why she was tampering with their hedge. It is alleged that when she told the petitioner to stop abusing her, he told her that they should trim their own hedge. It is alleged that then the petitioner came in front of her, obstructed her path and gave a blow with a danda on her head. The father of the petitioner was also standing there and he also did not stop him. When the complainant raised alarm/cried, her husband came to the spot and the accused tried to hit the husband of the complainant with a brick but the brick missed him. It is alleged that the petitioner then hit the husband of the complainant with a danda on his head. It is alleged that then Rajesh and Pawana Devi came there and rescued them from the clutches of the petitioner. On these allegations the above FIR came to be registered.

(3.) I have heard learned counsel for the parties and have gone through the records of the case carefully.