ATUL KUMAR Vs. STATE OF HIMACHAL PRADESH
LAWS(HPH)-2021-3-42
HIGH COURT OF HIMACHAL PRADESH
Decided on March 09,2021

ATUL KUMAR Appellant
VERSUS
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

Vivek Singh Thakur,J. - (1.) Present petition has been filed seeking anticipatory bail under Section 438 Cr.P.C., in case FIR No. 42/2021, dated 27.02.2021, under Sections 452, 323, 504, 364, 382, 325 read with Section 34 of IPC, registered at Police Station Palampur.
(2.) Status report stands filed, wherein it is stated that on 27.02.2021, at about 12.30 A.M., accused along with three co-accused persons, after consuming liquor, approached reception of Hotel Moon Light for staying but when manager of the hotel -complainant told them the room rent of the hotel would be Rs.1500/- per day, the accused persons started abusing him by saying that they would pay Rs.200/- only, whereupon complainant refused to allow them to stay in the hotel whereupoin accused persons insisted to talk with owner of the hotel but the said request was refuted by the complainant stating that in the mid-night, he would not be able to do so, whereupon accused persons had caught him from neck and started beating him and dragged him outside the hotel and continued to beat him. Thereafter, two of accused had caught hold of his legs and had dragged him from the market of Palampur to a forest and on the way to forest, his jacket was removed by them and thrown in the forest and thereafter they beat him with kicks, fist blows and with wooden planks for about four hours and at about 4 A.M. somehow complainant managed to flee from the clutches of the accused persons and rushed to the hotel whereupon owner of the hotel Vishard Sood, informed the police and thereafter on the basis of the statement made by the complainant, case was registered. Photographs of the injured indicating the severity of injuries and substantiating the plea of the complainant have also been produced.
(3.) It is also stated in status report that on 27.02.2021, at about, 1.20 A.M., one Sat Pal alias Vicky s/o Man Singh had also lodged a report in the police station that some drunken boys are abusing his Hotel Manager whereupon police officials, in Govt. vehicle, had rushed to Moon Light Hotel, but Hotel Manager was not found in Hotel and was not traceable in streets, roads, new bus terminal etc. around the hotel.;


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