NIPUN JAIN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is an application for releasing the petitioner on bail filed under section 438, Cr. P. C. in F. I. R. No. 79/07 registered at Police Station, jawalamukhi, District Kangra on 24-5-2007 under Sections 323, 324, 341, 392, 506, 149 and 120-B, I. P. C.

(2.) THE facts, in brief, are that complainant Suman Kumar Sharma on 26-4-2007 had gone to attend a marriage along with his family near Nadaun, District Hamirpur and after staying for some time he dropped his family in the function and proceeded to jawalamukhi temple, Tehsil Dehra, District kangra, H. P. At about 1. 30 P. M. on that date after visiting the temple when he approached his vehicle for returning to home five persons, namely, Nipun Jain, Gurpreet Singh, john, Gian Chand and Cheeku forcibly took possession of his Innova Car bearing HP 21a-2321 by putting the complainant in fear of instant death. They snatched the keys of the vehicle and directed him to accompany them to Police Station but Nipun Jain and gurpreet Singh instead of taking the vehicle to Police took the vehicle to a secluded place on Jawalamukhi-Khundian- Palampur road. The vehicle was stopped in a jungle and the complainant was severely beaten, his clothes were torn and was thrown out of the vehicle and he was robbed of his car, cash Rs. 40,000/- jewellery, suit case containing clothes, mobile communicator, total amounting of Rs. 2,17,000/ -. One trouser, one shirt, two ladies suits and three sets of children suits were also lying in the vehicle. The complainant somehow managed to reach the marriage place and made provision of his family to his native village.

(3.) THE complainant reported the matter to the Bank Manager at Mandi but no satisfactory reply was given by him as such complainant on 27-4-2007 reported the matter to Police Station, Hamirpur who advised him to approach Police Station, Jawalamuki. The complainant accordingly reported the matter at Police Station, Jawalamukhi vide d. D. R. No. 6 dated 27-4-2007. The complainant again approached Police Station, jawalamukhi on 30-4-2007 and 1-5-2007 but no cognizance was taken by the jawalamukhi Police. In these circumstances, the complainant filed an application under Section 156 (3), Cr. P. C. in the court of Judicial Magistrate 1st Class, dehra, who, vide order dated 23-5-2007, ordered registration of F. I. R. and accordingly f. I. R. No. 79 of 2007 dated 24-5-2007 was registered at Police Station, Jawalamukhi, district Kangra. Further facts are that complainant took loan from ICICI Bank (Home loan), Chaman Commercial Complex, Seri bazar, Mandi for purchasing Innova Car bearing registration No. HP 21a-2321 under Higher Purchase Agreement dated 21-5-2006. The car was financed for Rs. 6,10,000/- and Rs. 14,500/- was agreed as instalment per month to be completed in 60 monthly installments of similar amount per month and the bank took 56 post dated cheques from the complainant in order to secure the loan.