PAWAN KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Since both these bail applications arise out of FIR No. 90/2022, dtd. 28/11/2022, they were heard together and are being disposed of by this common order.

(2.) The instant bail applications have been filed by the petitioners under Sec. 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 (for short "BNSS") for grant of bail in case FIR No. 90/2022, dtd. 28/11/2022, under Ss. 302 and 34 of the Indian Penal Code (for short "IPC"), registered at Police Station Nirmand, District Kullu, H.P.

(3.) Briefs of the case, as per the status report filed by the respondent/State, are that on 29/11/2022 the statement of complainant Sumit Kumar recorded by ASI Man Dev under Sec. 154, Cr.P.C., was received at Police Station Nirmand, wherein, he stated that he had been residing at Bahawa alongwith his mother for the last ten years and they were running a hotel/dhaba at Nirmand and these days, they had taken a plot from the local administration for running dhaba in the fair. On 28/11/2022, at about 8:15 P.M., while he was serving food to his customers at his shop, he heard the noise of quarrelling from the western corner of the ground where the swings were installed. He immediately rushed to the spot and saw that two-three persons were giving beatings to a person/the victim, out of them, two persons were Pawan (petitioner herein) and Praveen, who were known to him. Petitioner Pawan Kumar was hitting repeatedly on the head of the victim, namely, Rameshwar, while Praveen Kumar was giving beatings with kick and first blows and he was also saying "maro saale ko". Due to the beatings given by accused persons, the victim had fallen on the ground and thereafter the accused persons left the spot. The complainant telephonically informed the police, as the victim had expired due to the beatings given by the aforesaid accused persons. On the basis of his statement, the FIR in question was registered against the accused persons.