PAWAN KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petitioner has sought his bail by moving instant application under Section 439 of the Code of Criminal Procedure in FIR No. 144 of 2009, registered in Police Station, Gagret, under Sections 436, 353, 506 of the Indian Penal Code. The petitioner -accused failed to get anticipatory bail from this Court and also, after his arrest on 11th December, 2009 from the Court of Sessions, as such, he has approached this Court.

(2.) I have heard the learned Counsel for the parties and have gone through the investigation file.

(3.) SANJAY Kumar, Head Constable informed the Station House Office, Police Station, Gagret about the said incident. He dispatched additional police force to the spot. The fire was cooled -down and the said Head Constable, recovered 479 IMFL from the cattle -shed. Since the petitioner prevented the police from discharging their official duty and set the cowshed on fire, as such, a case under the aforesaid Sections was registered.