SANJAY KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has preferred present petition under section 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'CrPC') for grant of anticipatory bail in case FIR No. 40 of 2018, dated 3rd August, 2018, registered under Sections 452, 147, 149, 323 and 427 of the Indian Penal Code (hereinafter referred to as 'IPC') at Police Station Pachhad, District Sirmaur, Himachal Pradesh.

(2.) Fresh status report filed. Record has also been produced. Mr. Raju Ram Rahi, learned Deputy Advocate General, under instructions of HC Devinder Singh, submits that petitioner has joined the investigation and investigation is almost complete.

(3.) As per status report, Medical Officer, Civil Hospital, Sarahaan, had advised CT Scan of the complainant, but, the complainant has refused for the same. Now, final report on the basis of xray of complainant is yet to be obtained and nothing is to be recovered from the petitioner. Perusal of the status report further reveals that co accused of petitioner, namely Sunil Kumar, Ram Pal and Kuldeep had also filed an application for anticipatory bail and have been enlarged on bail on 14th August, 2018, by the learned Sessions Judge, Nahan at Sirmaur. However, it is stated that petitioner is a local resident and may affect the prosecution adversely by extending threats to the witnesses.