AADESH KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) Present bail application is filed under Section 439 Cr.PC for grant of bail relating to FIR No.274 of 2016 dated 20.10.2016 registered under Sections 341, 323, 324, 307 read with section 34 IPC in Police Station Hamirpur Distt. Hamirpur (H.P.). Brief facts of case:

(2.) On dated 20.10.2016 injured Vishal reported to the investigating agency that on 20.10.2016 he visited Govt. Degree College Hamirpur to appear in a paper and after examination at about 4.15 P.M. he was returning home alongwith Neeraj Sharma on his motorcycle. It is alleged that when injured Vishal came out of the gate of the college then accused persons namely Santosh Kumar, Saurav and Aadesh were standing. It is alleged that accused persons asked the injured to alight from his motorcycle. It is further alleged that as soon as injured alighted from the motorcycle all the accused persons started beating injured with fist and leg blows. It is further alleged that co-accused caught hold the injured from his arms and legs and co-accused Santosh Kumar gave a blow of 'Khukhri' (Sharp edged weapon) on the head of injured. It is further alleged that accused persons also proclaimed that they would kill injured namely Vishal. It is further alleged that after receiving blows of 'Khukhri' (Sharp edged weapon) injured Vishal became unconscious and fell down. It is further alleged that injured was saved by Neeraj Sharma, Pankaj Kumar and Tain Singh who brought the injured to hospital for his medical treatment. It is further alleged that 'Khukhri' (Sharp edged weapon) recovered. It is further alleged that Medical Officer has given opinion that injury upon the body of injured was dangerous to life.

(3.) Court heard learned Advocate appearing on behalf of petitioner and learned Deputy Advocate General appearing on behalf of State and Court also perused the entire record carefully.