MOHD SHAHID Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely Mohd. Shahid, who at present is in Judicial lockup, has approached this Court for grant of regular bail under Section 439 of the Code of Criminal Procedure in case FIR No.275 of 2017, dated 7.11.2017, under Sections 452, 307, 324, 504, 107, 147, 148, 149 of the Indian Penal Code, registered at Police Station, Chamba, District Chamba, Himachal Pradesh.

(2.) Sequel to orders dated 23.1.2018 and 2.2.2018, ASI Ram Singh Police Station, Chamba, has come present in Court alongwith the record of the case. 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.

(3.) Perusal of the record/status report suggests that FIR, detailed hereinabove, 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, as a consequences of which, he had suffered grievous injuries. Complainant specifically alleged that she could see/identify one person namely Kuki son of Sh. Quam at the time of alleged incident. As per investigation, said complainant made hue and cry, as consequences of which, villagers gathered on the spot of occurrence and they apprehended three persons at the distance of 50 meters. Since, victim namely 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, as stated by Doctor attending upon him. Investigation report further reveals that victim Anwar Sekh was discharged from PGI, Chandigarh on 13th November, 2017, whereafter he was again admitted at Regional Hospital, Chamba.