IRFAN MOHAMMAD Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail in FIR No. 145/2025, dtd. 1/7/2025, registered at Police Station Paonta Sahib, District Sirmour, H.P., for the commission of offences punishable under Ss. 333, 109, 191(2), 191(3), 190, 115(2), 351(2), 61(2) and 117(2) of Bhartiya Nyaya Sanhita, 2023 (BNS).

(2.) It has been asserted that the petitioner is innocent and that he was falsely implicated at the instance of his enemies. The petitioner was beaten, and he had sustained injuries. The informant lodged the FIR to pre-empt any other proceedings against him. The police have completed the investigation, and the petitioner's custody is not required. The petitioner would abide by the terms and conditions which the Court may impose. Hence, the petition.

(3.) The petition is opposed by filing a status report asserting that the informant Harpal Chaudhary and Vikram were present in the informant's house on 1/7/2025. Vikram had met with an accident, and his leg was plastered. His friend Surjeet, Vaibhav, Vishal, Sunil and Anas Khan had visited the informant's house to inquire about Vikram's well-being. All of them were talking to each other. Five people armed with sticks and an iron rod came to the house at 5:40 pm. They had covered their faces. They gave beatings to the informant and other persons. The informant party shouted for help, and the villagers gathered on the spot. One person, who identified himself as Irfan (the present petitioner), was apprehended. The injured were taken to the hospital for treatment. The police registered the FIR and conducted the investigation. Irfan revealed during the investigation that Sandeep, Nigam, Adil, Ashu and Sohail Khan were involved in the incident. Police arrested Sohail Khan. He revealed during interrogation that he had handed over his motorcycle bearing registration no. HP17C-0390 to Adil. Adil, Irfan, Ashu, Sadakat, Sandeep and Nigam drove two motorcycles to the spot. They returned at about 6:30 pm and revealed that Irfan was apprehended on the spot. FIR No. 190/2023, dtd. 2/12/2023, is registered against the petitioner in Police Station Kala Amb. As per the report of the Medical Officer, the injured had sustained grievous injuries. The petitioner would indulge in the commission of similar offences and intimidate the witnesses, in case of his release on bail. Hence, it was prayed that the present petition be dismissed.