MOTI SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail applications have been moved by the petitioners under Section 438 of the Code of Criminal Procedure for releasing them on bail, in the event of their arrest, in case FIR No. 25 of 2017, dated 17.08.2017, registered under Sections 452, 427, 323, 504, 506 read with Section 34 of Indian Penal Code, 1860 (for short "IPC"), at Police Station Kupvi, District Shimla, H.P.

(2.) As per the learned counsel for the petitioners, the petitioners are innocent and have been falsely implicated in the present case. They are permanent residents of District Shimla and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, thus they may be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 17.08.2017, complainant Shri Badri Ram made a complaint to the police alleging that on 16.08.2017, at about 9:00 p.m., when he was in his house alongwith his family members, the petitioners and their wives trespassed into his house and thrashed him. The complainant has further alleged that the petitioners have also hurled abuses and also threw their domestic goods outside the house. Owing to this, the complainant alongwith his family members was compelled to go to his field, in a hope to live there in a tent, however, the petitioners again came there and threw their goods to another field, due to which the goods were damaged. On the basis of the complaint, so made by the complainant, police registered a case against the petitioners and investigation ensued. During the course of investigation, spot map was prepared and the domestic goods, which were allegedly thrown by the petitioners, were taken into possession. Statements of the witnesses were also recorded. As per the prosecution, as the offence is of nonbailable category, wives of the petitioners have been served with notices under Section 41(k) Cr.P.C. and they joined the investigation. No recovery is to be effected from the petitioners or at their instance and they are joining and co-operating in the investigation. Lastly, the prosecution has prayed that the bail applications of the petitioners may be dismissed.