JAVED Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition, filed under Section 439 of the Code of Criminal Procedure, a prayer has been made on behalf of the bail petitioner, namely, Javed for grant of bail in FIR No. 275/2017, dated 01.11.2017, under Sections 452, 307, 323, 324, 325, 107, 147, 148, 149, 504, 506,201 and 120B of the Indian Penal Code, registered at Police Station, Chamba, District Chamba, Himachal Pradesh.

(2.) Sequel to orders dated 2nd January, 2018, ASI Ram Singh, Police Station, Sadar, District Chamba, has come present in the Court alongwith the record of the case. Mr. Rajat Chauhan, Law Officer, has also placed on record status report prepared on the basis of investigation carried out by the Investigating Agency.

(3.) The facts which emerged from the record/status report suggest that FIR, detailed here-in-above, came to be lodged at Police Station, Chamba at the behest of the complainant namely Nagina Begum, who alleged that on 6th November, 2017, at 8.00 PM, three persons jumped the wall and entered her house. As per complainant, her son namely Anwar Sekh, who at that relevant time was sleeping in his room, was attacked by these three persons. Complainant having heard the cries, went into the room of her son and found that he was given merciless beatings by the persons who jumped from the wall. On account of beatings given by persons, referred to here-in-above, son of the complainant suffered grievous injuries. As per status report/record, complainant Nagina Begum could only see/identify one person namely Kuki, son of Sh. Quam at the time of alleged incident. Since the complainant had made hue and cry, as a consequences of which, villagers gathered on the spot of occurrence and they apprehended three persons at the distance of 50 meters. Since, victim Anwar Sekh had suffered grievous injuries, he was taken to Regional Hospital at Chamba, from where he was referred to PGI Chandigarh. As per the investigation, police could not record the statement of victim Anwar Sekh, as he was not in a position to make statement. It also emerges from the status report/record that victim was referred to PGI, Chandigarh, from where he was discharged on 13th November, 2017, whereafter he was again admitted at Regional Hospital, Chamba. As per report, FIR came to be registered on 2nd November, 2017 but the present bail petitioner was not named in the same. On 11.11.2017, complainant Nagina Begum made a statement before the police that present bail petitioner as well as Shaukat Ali were also involved in the crime and as such, police arrested both of them on 14.11.2017.