NISHANT KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Sec. 439 of the Code of Criminal Procedure seeking his release in case FIR No. 56 of 2018, dtd. 3/6/2018, under Ss. 307, 498A, 325, 323, 506 IPC and Ss. 25 and 27 of the Arms Act, Police Station Gohar, District Mandi, 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 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, on 2/6/2018, police received a written complaint from Smt. Ganga Devi, wife of the petitioner (complainant). The complainant averred in her complaint that she was married to the petitioner on 8/5/2016 and out of the wedlock a son was born. As per the complainant, the petitioner used to beat her under the influence of liquor and on 31/5/2018, the petitioner fired a gun shot at her, but somehow the same did not hit her. The petitioner thrashed her and later on she was rescued by her father-in-law. On the complaint, so made by the complainant, police registered a case and the investigation ensued.