KHEKH RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) The instant petition has been filed by the petitioner, for the grant of regular bail under Sec. 483 of the Bhartiya Nagrik Surakasha Sanhita, 2023, in case FIR No.18 of 2016 dtd. 16/1/2026 registered at Police Station Sadar, Kullu, H.P., under Ss. 132, 121 (1), 352, 351 (2) read with Sec. 3 (5) of the Bharatiya Nyaya Sanhita.

(2.) It is the case of the prosecution that Sh. Rajiv Sharma, who was working as Kanungo aged 58 years, made a complaint that he is working as Kanungo and certain residents of Gram Panchayat Raugi on 21/8/2025 made a complaint with respect to the encroachment made by the petitioner over the Government land. The Tehsil Office, Kullu directed the complainant to visit the spot and as per the orders of his superiors for the inspection, he went on the spot on 16/1/2026. That he went along with the Patwari namely Sh. Bhoop Singh on 16/1/2026 and at about 11:15 am when he along with the Patwari went on the spot the police team was also there and Pradhan Sh. Maan Chand, Up-Pradhan Sh. Lal Chand and Numberdar Sh. Chaman Lal of the Gram Panchayat were also present.

(3.) That when all the parties assembled on the spot, the present petitioner came to him and stated that other persons have also encroached Government land and the encroachment of all such persons should be removed and he started arguing with the complainant and also obstructed the demarcation of the land in question and in this process he slapped the complainant. When, Sh. Bhoop Singh confronted the present petitioner why he has slapped the complainant, the petitioner gave beating to Bhoop Singh with a danda and the police party intervened to save the complainant. It has been further averred that the petitioner gave beatings to Bhoop Singh and on that account he sustained serious injurious and during this scuffle, one Sh. Manoj Kumar, who tried to intervene also sustained injuries. Therefore, it was averred that appropriate action may be taken against the present petitioner. The FIR was lodged on 16/1/2026 against the present petitioner and other co-accused namely Meerat Ram, Ashok Kumar and Rohit. That pursuant to the registration of the FIR, the present petitioner was arrested on 18/1/2026 and it has been informed by the Ld. Additional Advocate General that till date the present petitioner is admitted in Regional Hospital, Kullu under judicial custody.