KAMLESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely Kamlesh Kumar, apprehending his arrest in FIR No. 115/2017 dated 15.10.2017 under sections 452 , 323 , 325 and 326 read with Section 34 IPC, registered at Police Station Bhoranj, District Hamirpur, Himachal Pradesh, has approached this Court by way of instant petition under Section 438 CrPC, praying therein for grant of pre-arrest bail.

(2.) Sequel to order dated 16.2.2018, whereby bail petitioner was ordered to be enlarged on interim bail in the event of his arrest, ASI Chaman Lal has come present with the record. Learned Additional Advocate General has also placed on record status report prepared on the basis of investigation carried out by the investigating agency. Learned Additional Advocate General on the instructions of the Investigating Officer fairly admitted that the bail petitioner after having obtained interim bail from this Court, has joined the investigation and at this stage nothing is required to be recovered from him.

(3.) Close scrutiny of record/status report suggests that FIR mentioned herein above came to be lodged at the behest of complainant namely Sat Parkash, who alleged that on 15.10.2017, at around 6.30 pm, bail petitioner came to his house and asked that why he had removed the fencing of his field, whereafter, bail petitioner and his wife allegedly attacked the complainant with stones and iron rod, as a consequence of which, complainant allegedly suffered injuries on his person. Investigation reveals that there is / was a dispute inter se parties on the issue of fencing allegedly removed by the complainant from the fields of bail petitioner. Another co- accused in the case i.e. wife of present bail petitioner has been granted bail. It is also on record that FIR's have been registered from both the sides. Though, perusal of medical evidence adduced on record by investigating agency suggests that complainant suffered simple as well as grievous injuries on his person during scuffle with the bail petitioner but, it is settled law that an individual is deemed to be innocent till the time, his guilt is proved.