LEKH RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this petition filed under Sec. 438 of the Code of Criminal Procedure, the petitioner has prayed for grant of bail in FIR No. 67/2016, dtd. 22/10/2016, registered at Police Station Darlaghat under Sec. 379 of the Indian Penal Code.

(2.) Incidentally, the FIR in which the petitioner has moved the present application for grant of bail has not been filed against the petitioner. It is an FIR in which petitioner is the complainant. On 8/12/2017, this Court had ordered the matter to be listed for today, to enable the learned counsel for the petitioner to satisfy this Court as to how a bail application under Sec. 438 of the Code of Criminal Procedure is maintainable at the behest of complainant himself, who has lodged the concerned FIR. Learned counsel for the petitioner has placed reliance upon the judgments of the Hon'ble Supreme Court in Balchand Jain vs. State of Madhya Pradesh, AIR 1977 Supreme Court 366 and Gurbaksh Singh Sibbia etc. vs. The State of Punjab, AIR 1980 Supreme Court 1632.

(3.) I have heard the learned counsel for the parties and have also gone through the judgments so relied upon by the learned counsel for the petitioner.