JAGDISH CHAND SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail in FIR No. 44 of 2025, dtd. 12/3/2025, registered at Police Station, West Shimla (Boileauganj), District Shimla, H.P., for the commission of offences punishable under Ss. 126(2), 115(2), 117(b), 351(3) and 109 of Bharatiya Nyaya Sanhita, 2023 (BNS).

(2.) It has been asserted that, as per the prosecution, the informant saw her husband sitting in the shop of the accused on 28/2/2025 at 6.00 PM. He was bleeding from his head. He disclosed on the informant's inquiry that the accused had stopped and beaten him with fist blows and a shoe. The accused told the informant that her husband had stolen oil cans from the shop, and she had to pay for the st len il cans. The informant took her husband to her room and got him treated. The complaint was filed on 11/3/2025. The victim was taken to IGMC Hospital after his health deteriorated. The police registered the FIR and arrested the petitioner. The petitioner has been in custody since 11/4/2025. The petitioner's wife is unable to run the s op because of her old age. The charge sheet has been filed before the Court, and the conclusion of the trial is likely to take some time. The petitioner would abide by the terms and conditions which the Court may impose. The petitioner filed a petition, which was registered as Cr.MP(M) No. 1366 of 2025 and was dismissed as withdrawn on 1/7/2025. Hence, the present petition.

(3.) The petition is opposed by filing a status report asserting that the informant made a complaint to the police on 12/2/2024, stating that her husband, Alexander, was working as a labourer. She returned to her home on 28/2/2025, at about 6 00 PM. She found her husband sitting near the petitioner's shop. The petitioner told the informant that her husband had stolen the oil cans from the shop, and the informant should pay the cost of the oil. She inquired from her husband, who revealed that the petitioner had stopped him near the shop and given him beatings by saying that he (the vic im) had stolen the oil from the petitioner's shop. The police registered the FIR and investigated the matter. The injured was medically examined and, as per the medical report, the injuries were dangerous to life and the victim could have died in the absence of institutionalised treatment in the hospital. The police arrested the petitioner and interrogated him. The petitioner got the shoe recovered, with which he had beaten the victim. The statement of the victim was recorded by the learned Magistrate. The charge sheet was filed before the Court after the completion of the investigation. Hence, the status report.