NEERAJ BIJALWAN Vs. STATE OF H.P.

JUDGEMENT

(1.) The instant petition under Sec. 483(3) of Bhartiya Na arik Suraksha Sanhita (for short "BNSS") has been filed by the petitioner seeking cancellation of anticipatory bail granted to respondent No.2 (accused) by this Court vide order dtd. 3/8/2023 in case FIR No. 196 of 2023, dtd. 24/6/2023, under Ss. 452, 147, 148, 149, 323 and 506 of the Indian Penal Code (for short "IPC"), registered at Police Station Sadar-Chamba, District Chamba, H.P.

(2.) According to the petitioner, respondent No. 2/accused, after obtaining the anticipatory bail from this Court started giving threats to him that if the complaint filed against the accused was not withdrawn, he would be done to death. Thereafter, when the petitioner tried to avoid Whatsapp calls of respondent No. 2/accused, he started calling riends and relatives of the petitioner and on 30/5/2024 Sunil Kumar (friend of the petitioner) received a call on his mobile from some unknown person, whereby, he was threatened that he would be done to death. Consequently, n 31/5/2024 two separate complaints were filed by the petitioner and his friend Sunil Kumar. However, respondent No. 1 neither took any action against respondent No. 2/accused nor showed any interest in the present matter, which resulted into a physical attack on Sunil Kumar on 8/6/2024 at the instance of respondent No. 2/accused. Despite various complaints registered against respondent No. 2/accused, he kept on threatening the petitioner. Thus, it has been prayed that since the petitioner apprehends severe danger to his life and to the lives of his family members, relatives and friends, hence, the present petition may be allowed and anticipatory bail granted to respondent No. 2/accused may be cancelled.

(3.) Respondent No. 2 by filing reply to the petition has denied all the allegations levelled by the petitioner against him and prayed dismissal of the petition with exemplary costs