JAI PRAKASH 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. 19 of 2018, dated 23.03.2018, under Section 506 read with Section 34 IPC and Section 3(1) (r) (s) of SC & ST Act, registered at Police Station Shillai, District Sirmour, 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 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 be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 202018 police received a complaint made by the complainant, wherein it is averred that petitioners Jai Prakash, who is Vice President, Gram Panchayat Bakraas and Kuldeep Singh, Teacher, used racial words against him and insulted him. The complainant has further averred that the petitioners also used force against him and mentally tortured him, whereby forcing him to resign from his job. On the basis of the complaint, so made by the complainant, a case was registered against the petitioners and investigation ensued. Police recorded the statements of the witnesses and spot map was prepared.