HASANDEEP Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely Hasandeep, who is behind bars since 28.10.2019, has approached this Court in the instant proceedings filed under Section 439 of Cr.PC, for grant of regular bail in FIR No.69 of 2016, under Sections 307, 114 and 34 of IPC and Section 25 of Indian Arms Act, registered at PS Dharampur, District Solan, H.P.

(2.) ASI Ramesh Chand, P.S. Dharampur, District Solan, H.P., has come present alongwith records. Mr. Sudhir Bhatnagar, learned Additional Advocate General has also placed on record status report prepared on the basis of investigation carried out by the Investigating Agency. Record perused and returned.

(3.) Close scrutiny of record/status report made available to this court reveals that FIR detailed herein above, came to be lodged at the behest of the complainant Desh Pal on 27.6.2016, who in his statement recorded under Section 154 Cr.PC alleged that he alongwith his family members and friends was going to Gaziabad via Solan. At 4:30/5:00 PM, he alongwith other family members and friends stopped at a place called Sanwara for having tea at Urban Dhabha. He alleged that since food articles supplied to the complainant and other members were found to be stale, he lodged a protest with owner of the said Dhabha, who instead of taking corrective measures started misbehaving with them Complainant alleged that person sitting on the counter of the Dhabha firstly pulled the sword and thereafter placed a revolver on the counter with a view to terrorize the complainant and other members. Complainant claimed that when he alongwith other persons present on the spot made an attempt to pacify the parties, person sitting on the counter fired, as a consequence of which, person namely Nikhil S/o of Harbeer Singh got injured. Complainant also stated in the complaint that person sitting on the counter also suffered 2-3 bullet injuries. Above named complainant specifically alleged that person sitting on the counter made an attempt to kill Nikhil and as such, appropriate action may be taken against him. On the basis of aforesaid statement made by the complainant, FIR detailed herein above, came to be lodged against person namely Paramjeet, who had also suffered injuries on account of firing of bullets. Above named Paramjeet Singh, succumbed to the injury allegedly suffered by him on account of firing and as such, on 1.11.2016 police filed closure report in the Court of learned JMIC, Kasauli, who vide order dated 23.4.2019, directed the police for further investigation. Pursuant to aforesaid direction issued by the JMIC Kasauli, police carried out further investigation and found the involvement of present bail petitioner namely Taranjeet Kaur (wife) and nephew (present bail petitioner) of Paramjeet Singh and accordingly, booked them under Sections 307, 114, 34 of IPC and Section 25 of Indian Arms Act and since 28.10.2019, the bail petitioner is behind bars, whereas other co-accused namely Taranjeet Kaur, stands enlarged on bail vide order dated 15.11.2019, passed by this Court in Cr.MMO No. 2054 of 2019.