RITESH BHIKTA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Present bail petition under S.439 CPC, has been filed by the bail petitioner namely Ritesh Bhikta, who is behind the bars since 5.10.2018, for grant of regular bail in connection with FIR No. 67 of 2018 dated 5.10.2018, under Ss. 302, 341, 323, 506 and 34 IPC and Section 3 (1) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered at Police Station, Nerwa, District Shimla, Himachal Pradesh.

(2.) Sequel to order dated 11.1.2019, ASI Jawant Singh, I/O, Police Station, Nerwa, District Shimla, Himachal Pradesh, has come present with record. Mr. Dinesh Thakur, 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 the record/status report suggests that on 5.10.2018, complainant namely Baldev Raj, father of the deceased Rajat Kumar, lodged a complaint with the police at Nerwa, alleging therein that on 5.10.2018, his son namely Rajat Kumar, who had gone to Bohrad to drop his mother in a car alongwith one Aman Himta, was given merciless beatings by the present bail petitioner as well as other co-accused namely NIkhil, Satish and Kartik. Complainant further alleged that at about 4.30 pm, car being driven by his son-Rajat Kumar, was stopped near College at Nerwa by the present bail petitioner, who at the relevant time was driving Swift Car bearing registration No. T-2864I. Allegedly, Ritesh Bhikta (bail petitioner), started quarelling with the deceased Rajat Kumar, on the pretext that he (Rajat Kumar) failed to give pass to his car and bail petitioner gave beatings to the deceased Rajat Kumar, as a consequence of which, he (Rajat Kumar), suffered injuries. Complainant specifically stated in the complaint that factum with regard to scuffle between bail petitioner and deceased came to his notice through the person namely Aman Himta, who at the relevant time was with the deceased, Rajat Kumar. On the basis of aforesaid complaint lodged by the complainant, Baldev Raj, a formal FIR, as mentioned herein above, came to be lodged against the bail petitioner as well as co-accused namely Nikhil, Kartik and Satish. Present bail petitioner is behind the bars since the date of lodging of FIR i.e. 5.10.2018, whereas, other co-accused namely Nikhil and Satish Kumar have been enlarged on bail, being juveniles. Similarly, another accused-Kartik has been also ordered to be enlarged on bail by this court vide order dated 8.1.2019, passed in CrMP(M) No. 1623 of 2018.