LAWS(HPH)-2015-5-59

RAVI KUMAR Vs. STATE OF H.P.

Decided On May 15, 2015
RAVI KUMAR Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) PRESENT bail petition is filed under Section 439 of the Code of Criminal Procedure 1973 for grant of bail in connection with FIR No. 162 of 2013 dated 31.5.2013 registered under Section 366, 376, 511, 354, 506 read with Section 34 IPC at P.S. Nurpur District Kangra (H.P.)

(2.) IT is pleaded that bail petition be allowed because there is difference in statement recorded under Section 154 Cr.P.C. and tatima statement. It is further pleaded that bail petition be allowed because trial will take long time to conclude. It is also pleaded that witnesses have not supported the prosecution story as alleged by prosecution and on this ground bail application be allowed. It is pleaded that police officials did not catch the original culprits and implicate the petitioner falsely in present case. It is pleaded that false case is filed because hot altercation took place between co -accused Rakesh Kumar alias Mahashu and police and due to anger Rakesh Kumar @ Mahashu slapped on the face of police officials. It is further pleaded that there is no call detail on record and on this ground bail petition be allowed. It is pleaded that statement of prosecutrix and other material witnesses already stood recorded by learned trial Court. It is pleaded that any condition imposed by Court will be binding upon the petitioner. Prayer for acceptance of bail petition sought.

(3.) COURT heard learned Advocate appearing on behalf of the petitioner and learned Additional Advocate General appearing on behalf of the non -petitioner and also perused the record.