VIPIN KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No. 96 of 2017, dated 15.09.2017, under Section 224 of Indian Penal Code, 1860 (hereinafter referred to as "IPC"), registered at Police Station Bharari, District Bilaspur, H.P.

(2.) As per the petitioner, he is innocent and has been falsely implicated in the present case. He is resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so he may be released on bail.

(3.) Police report stands filed. As per the prosecution, on 15.09.2017, HHG Desh Raj, got his statement recorded under Section 154 Cr.P.C. wherein he stated that on 15.09.2017 at about 07:40 p.m. when he was returning with the petitioner from CHC, after getting the petitioner medically examined, in case FIR No. 94 of 2017, dated 12.09.2017, registered under Sections 341, 323 and 382 IPC, the petitioner jumped from the road into the bushes and fled away. Despite best efforts the petitioner could not be found.