PRAVEEN KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail applications under Section 438 of the Code of Criminal Procedure has been maintained by the petitioner(s) for releasing them on bail, in the event of their arrest, in case FIR No. 149/2019, dated 07.09.2019, under Sections 452, 323, 382 and 506, read with Section 34 IPC, registered at Police Station Sarkaghat, District Mandi, H.P.

(2.) As per the averments made in the petitions, the petitioners are innocent and have been falsely implicated in the present cases. Further, they are resident of the place and 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 07.09.2019, Shri Mahesh Dutt (complainant) got his statement recorded under Section 154 Cr.P.C. with the police. As per the statement of the complainant, who is a salesman at county made and foreign liquor vend Jamni, on 06.09.2019, around 09:00 p.m., when he closed the liquor vend and went to the nearby hotel for taking dinner, the petitioners met him there and instigated him. At about 09:30 p.m., when he returned to the liquor vend after taking dinner and was counting cash, the petitioner came to the shop and starting beating him, they also took 18,000/- to 20,000/- cash from the cash counter. Consequently, FIR No. 149/2019, dated 07.09.2019, under Sections 452, 323, 382 and 506, read with Section 34 IPC, came to be registered against the petitioners. Hence, the present bail applications.