MOHD ARSHAD @ KUKI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant bail petition under Section 439 CrPC, prayer has been made on behalf of the bail petitioner namely Mohd. Arshad alias Kuki, who is behind bars since 7.11.2017, for grant of regular bail in FIR No. 275/2017 dated 7.11.2017, under Sections 452, 307, 325, 107, 147, 148 and 149 IPC, registered at Police Station, Sadar, District Chamba, Himachal Pradesh.

(2.) Sequel to order dated 6.3.2018, ASI Subhash Kumar has come present with the record. Mr. Dinesh Thakur, learned Additional Advocate General has also placed on record status report, prepared on the basis of investigation carried out by the investigating agency. Record perused and returned.

(3.) Close scrutiny of record/ status report reveals that FIR mentioned herein above came to be lodged at the behest of complainant Nagina Begum, who alleged that on 6.11.2017, three persons including present bail petitioner jumped the wall and entered her house. As per complainant, her son namely Anwar Sheikh, who at the relevant time was sleeping in his room, was attacked by three persons. Having heard cries, complainant went into the room of her son and found that he was given merciless beatings, as a result of which, he had suffered injuries. Complainant specifically alleged that she could only identify one person namely Kuki (bail petitioner) son of Shri Abdul Qayum at the time of alleged incident.