KARTIK Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely Kartik, who is behind the bars since 5th Oct., 2018, has approached this Court in the instant proceedings, filed under Sec. 439 Cr. P.C., praying therein for grant of regular bail in connection with FIR No. 67/18, dated 05.10.2018, under Sections 302, 341, 323, 506,34 of Penal Code and under Sec. 3(1)(S) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, registered at Police Station Nerwa, District Shimla, Himchal Pradesh.

(2.) Sequel to order dated 11.12.2018, ASI Jawant Singh, I.O. 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.) Perusal of record/status report reveals that on 5th Oct., 2018, complainant Baldev Raj, who happened to be father of deceased Rajat Kumar, lodged a complaint in the Police Station Nerwa, alleging therein that on 5th Oct., 2018, his son, namely, Rajat Kumar had gone to Bohrad from Nerwa to drop her mother in a car along with his friend namely, Aman Himta, son of Sh. Sant Ram Himta, resident of village Daur. At about 4.30 P.M., when Rajat Kumar reached near college at Nerwa, one Swift Car bearing No. T 2864, being driven by accused Ritesh Bhikta, son of Mohan Lal Bhikta, came from opposite side and a person namely Ritesh Bhikta allegedly started quarreling with deceased Rajat Kumar on the ground that he failed to give him pass. Allegedly, accused Ritesh gave beatings to deceased Rajat Kumar. Complainant alleged that aforesaid facts as stated by him in the complaint, came to his knowledge through Aman Himta. On the basis of aforesaid compliant lodged by complainant Baldev Raj, formal FIR as detailed hereinabove, came to be lodged against the present bail petitioner as well as co-accused, namely, Ritesh Bhikta, Satish Kumar and Nikhil Manta. Bail petitioner and Ritesh Bhikta are behind bars since lodging of FIR, whereas, other co-accused, namely, Nikhil Manta and Satish Kumar, have been enlarged on bail being juvenile. It may be noticed that the aforesaid complaint was lodged by complainant Baldev Raj when deceased Rajat Kumar was alive, rather initial statement under Sec. 154 Cr.P.C was recorded in the presence of deceased Rajat Kumar, who thereafter was taken to Civil Hospital, Nerwa for treatment, but unfortunately, he couldn't be saved.