SHISHU PAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail applications have been moved by the petitioners under Section 438 of the Code of Criminal Procedure for releasing them on bail, in the event of their arrest, in case FIR No. 65 of 2019, dated 30.05.2019, under Sections 341, 323, 325 and 307 read with Section 34 IPC, registered in Police Station Rohru, District Shimla, H.P.

(2.) As per the averments made in the petitions, the petitioners are innocent and have been falsely implicated in the present case. They are residents 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 30.05.2019, Smt. Sudesh Kumari (complainant) made a statement to the police. She stated in her statement that on 29.05.2019, at about 06:00 p.m., her husband (injured) alongwith one Rameshwar went to Dogri Khud Shalvat Road. Thereafter, one Sharmila telephonically informed her that her husband is present in the house of one Bhud Ram and he has sustained injuries. The complainant has further stated in her statement that when she reached there her husband was bleeding and he divulged that when he alongwith Rameshwar was standing on the road two unknown persons, who, he can identify, thrashed him and fled away. The injured was shifted to CH, Rohru. On the complaint, so made by the complainant, a case was registered and the investigation ensued. The injured was referred to IGMC, Shimla. Police prepared the spot map and also recorded the statements of the witnesses. As per the medical opinion, the injury was opined to be grievous in nature, caused with blunt weapon and was dangerous to life. On 23.06.2019 both the petitioners joined the investigation. Petitioner Shishu Pal made a disclosure statement and identified the place where the occurrence took place and also got recovered a stone, which was used by him for causing injury to the injured. During the course of investigation police also found the involvement of petitioner Prem Singh, as he assisted petitioner Shishu Pal in committing the crime. As per the police, both the petitioners are joining and co-operating in the investigation and nothing is to be recovered from them. Lastly, it is prayed that the bail applications of the petitioners be dismissed, as the petitioners were involved in a serious offence and in case they are released on bail, they may tamper with the prosecution evidence and may also flee from justice.