JASVEER Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been moved by the petitioner under Section 439 of the Code of Criminal Procedure for releasing him on bail, in the event of his arrest, in case FIR No. 98 of 2019, dated 09.07.2019, under Sections 324 and 504 IPC, registered in Police Station Rampur, District Shimla, 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 and neither in a position to tamper with the Whether reporters of Local Papers may be allowed to see the judgment? Yes. prosecution evidence nor in a position to flee from justice, so he may be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 09.07.2019, Shri Rajinder Singh (complainant) made a written complaint with the police and alleged that on 08.07.2019, at about 10:30 p.m., when he was with Kamla Nand, Ram Singh, Satish Kumar and Chuda Ram, the petitioner came there and started abusing them, so a scuffle took place. As per the complainant, the petitioner used racial remarks. After some time the petitioner came with 8 ?10 persons and thrashed him. The complainant was rescued by Shri Ram Singh and Shri Kamla Nand. On the complaint, so filed by the complainant, police registered a case and the investigation ensued. Police recorded the statements of the witnesses and spot map was prepared. It has come in the investigation that the petitioner used word "daagi". It has also come in the police investigation that there had been a quarrel between the complainant and the petitioner, but no racial remarks were used by the petitioner. As per the police, the petitioner is not disclosing the names of other persons who were involved in the quarrel, so the investigation in the matter is going on. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the investigation is still going on and in case the petitioner is released on bail, he may tamper with the prosecution evidence and may also flee from justice.