LAWS(HPH)-2019-12-67

MANOJ KUMAR Vs. STATE OF HIMACHAL PRADESH

Decided On December 20, 2019
MANOJ KUMAR Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No. 184 of 2019, dated 09.11.2019, under Sections 147, 149, 454, 455, 435, 354, 355, 427, 504, 506, 508, 323, 500, 380, 201, 120-B IPC, registered in Police Station Sarkaghat, 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 permanent resident of District Bilaspur and 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 09.11.2019 complainant, Shri Ajay Kumar, made a complaint to the police and alleged that his mother-in-law (hereinafter referred to as "the victim") has only two daughters and no son. On 17.10.2019 the villagers harassed the victim and on 29.10.2019 the villagers rushed to the house of the victim and set ablaze the house-hold goods. On 06.11.2019 the victim alongwith her daughter (sister-in-law of the complainant) visited her house and they were beaten. The face of the victim was coated with soot, she was garlanded with shoes and episode was videographed. Later on, the video of the victim was uploaded on social media. Amongst other villagers, who have been indicted, the petitioner was also arrayed as an accused. Upon the complaint, so made by the complainant, police registered a case and the investigation ensued. During the course of investigation, the police recorded the statements of the witnesses and prepared the spot map.