THAKUR DASS Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail applications have been maintained by the petitioners under Section 439 of the Code of Criminal Procedure seeking their release in case FIR No. 34 of 2018, dated 03.02.2018, under Sections 354, 504, 506 IPC read with Section 34 IPC and Sections 3(1) (r) and 3(1) (s) of SC & ST Act, registered at Police Station Manali, District Kullu, H.P.

(2.) As per the averments made in the petitions, the petitioners are innocent and have been falsely implicated in the present case. They are the residents of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so they may be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 002.2018 Smt. Sunita Devi (complainant) reported to the police that today when she alongwith one Smt. Durga Devi was sitting in the house, the petitioners and other came and thrashed them. Smt. Durga Devi immediately informed her husband and the petitioners also picked up scuffle with him. On the basis of the complaint, so made by the complainant, a case was registered by the police and the investigation ensued. Spot map was prepared and the statements of the witnesses were recorded. The statements of the complainant and one Shri Nathu Ram were also recorded under Section 164 Cr.P.C. The investigation further unearthed that the occurrence originated from land dispute.