GANESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely, Ganesh Kumar, who is behind the bars since 24.2.2018, has approached this Court in the instant proceedings filed under Sec. 439 of the Code of Criminal Procedure, praying therein for grant of regular bail in respect of FIR No. 38 of 2018, dated 24.02.2018, under Sections 323, 452, 504, 307, 302 read with Sec. 34 Penal Code registered at police Station, Amb, District Una, Himachal Pradesh.

(2.) Sequel to order dated 21.11.2018, ASI Sultan Singh, has come present alongwith the record. Mr. Dinesh Thakur, learned Additional Advocate General has also placed on record status report, prepared on the basis of the investigation carried out by the Investigating Agency. Record perused and returned.

(3.) Careful perusal of the record/status report, reveals that complainant Deepak Jaswal in his initial statement recorded under Sec. 154 Cr.P.C, alleged that at 8:00 PM when he reached his house after closing his shop, his son namely, Himanshu disclosed him that some miscreant has uprooted flag of political party from his roof and as such, he went to his roof. Complainant further reported that bail petitioner, who happened to be son of his Uncle was hurling abuses upon the complainant and his wife under the influence of liquor. As per the complainant, at that time bail petitioner was accompanied by coaccused namely Ajay Kumar and Babbu @ Veer Singh, who were also hurling abuses and they also proclaimed that they have uprooted the flag from their roof. Complainant further reported to the police that person namely, Gurdeep Kumar, who resides just adjacent to his house made an endeavour to stop above named accused from hurling abuses, but bail petitioner, who had iron rod in his hand entered into the house of Gurdeep Kumar and started giving beatings to him as well as his wife Smt. Sudershana Devi, who were subsequently rescued by the people gathered on the spot after having heard cries of Gurdeep Kumar and his wife. Allegedly, bail petitioner came to the courtyard of complainant carrying iron rod in his hand and when he was stopped by the wife of the complainant namely, Hema, she was also attacked by bail petitioner. On the basis of aforesaid statement made by the complainant under Sec. 154 Cr.P.C, initially FIR under Sections 452, 307, 504, 323 and 34 Penal Code came to be registered against the bail petitioner, coaccused Ajay and Babbu @ Veer Singh. Police also got Hema, Gurdeep Kumar and Sudershana Devi medically examined at Civil Hospital, Amb, where Medical Officer termed injuries suffered by Gurdeep Kumar, Sudershana Devi and Hema to be dangerous to life.