SUMIT RANGRA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No. 120 of 2019, dated 24.09.2019, under Section 342, 323, 504, 506, 500 IPC read with Section 34 IPC and Section 3(1)(e)(r) of SC & ST Act, registered in Police Station Bhoranj, District Hamirpur, H.P.

(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by keeping him behind the bars for an unlimited period, so he be released on bail.

(3.) Police report stands filed. As per the prosecution story, complainant made a complaint to the police, wherein he stated that his childhood friend is Abhishek Chaudhary (co-accused) and through him he made another friend Sumit Rangra (petitioner herein). On 02.09.2019, the petitioner telephonically called the complainant and wished birthday to him. He further asked the complainant to come to his home for celebrating birthday. On 08.09.2019 the petitioner telephonically called the complainant and in the evening again called him. On 09.09.2019, when he was in home, Abishhek came on his motorcycle and thereafter both of them came to Tarakwadi and then to a road leading to Awahdevi. On the road Pankaj Rana (co-assued) and Sumit Rangra (petitioner) were standing and Pankaj Rana started thrashing him with a stick. Thereafter, Abhishek Chaudhary, Pankaj Rana and Sumit Rangra took him to a rain shelter where he was again thrashed with stick, leg and fist. Accused Pankaj did videograpy while the other two accused kept on beating him. Subsequently, he was taken to another place on a motorcycle where he was again beaten and videography was done. The complainant was also threatened with dire consequences and abused. On 23.09.2019 the complainant divulged the incident to his father, so the matter was reported to the police. Upon the complaint, so made by the complainant, police registered a case and the investigation ensued. The complainant was medically examined. Police prepared the spot map and recorded the statements of the witnesses. The petitioner was arrested and the vehicles used in the commission of the crime were seized. Accused Abhishek Chaudhary was also arrested. During the course of investigation and interrogation, the petitioner made a disclosure statement and got recovered a stick, which was allegedly used by the accused persons for giving beatings to the complainant. Records qua the caste of the complainant and that of the accused persons were obtained, so on the basis of this recorded police added the apt Section of SC & ST Act. Police also recovered a memory card in which the video clips of occurrence have been saved, which was sent to RFSL, Dharamshala, for examination. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner has committed a serious offence. In case the petitioner is enlarged on bail, at this stage, he may tamper with the prosecution evidence and may also flee from justice, so the bail application of the petitioner be dismissed.