GOVIND SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail applications have been moved by the petitioners under Section 438 of the Code of Criminal Procedure for releasing them on bail, in the event of their, in case FIR No. 33 of 2018, dated 30.01.2018, under Sections 323, 324, 147, 148, 149, 365, 325, 201 and 506 IPC, Police Station Indora, District Kangra, H.P.

(2.) As per the averments made in the petitions, the petitioners are innocent and have been falsely implicated in the present case. The petitioners are neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so they may be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 30.01.2018 Shri Puran Sharma (complainant) telephonically informed the police that owing to beatings given to him he is hospitalized. Police went to the hospital and recorded the statement of the complainant under Section 154 Cr.P.C., wherein he has stated that today when he reached near Tanda curve, the petitioners alongwith 10-15 more boys attacked him and took him in a vehicle to Pathankot and thereafter they took him to Nangal Bhoor. Subsequently he was taken to Pathankot Civil Hospital. The petitioners and others gave beatings to him with dandas. On the basis of the complaint, so made by the complainant, a case was registered and medico legal certificate of the complainant was obtained. During the course of investigation, statements of the witnesses were recorded. As per the police, now the petitioners are joining and co-operating in the investigation. All the recoveries have been effected by the police and now nothing remains to be recovered. The investigation has unearthed that due to enmity the petitioners gave beatings to the complainant. Lastly, the prosecution has prayed that some of the petitioners are residents of Punjab and in a position to flee from justice, so the bail petitions be dismissed.