SANJEEV KUMAR Vs. STATE OF HIMACHAL PRADESH
LAWS(HPH)-2021-2-14
HIGH COURT OF HIMACHAL PRADESH
Decided on February 26,2021

SANJEEV KUMAR Appellant
VERSUS
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

SANDEEP SHARMA,J. - (1.) Bail petitioner namely Sanjeev Kumar, who is behind the bars since 22.2.2021, has approached this Court in the instant proceedings filed under Section 439 of Cr.PC., for grant of regular bail in case FIR No. 13 of 2021 dated 18.2.2021, under Sections 341, 323, 325, 504 and 506 IPC and Section 3(2) (va) of SC& ST Act, registered at P.S. Rohru, District Shimla, H.P.
(2.) Record/status filed by the respondent-State in terms of order dated 25.2.2021, reveals that on 18.2.2021, complainant namely Teju Ram got his statement recorded under Section 154 Cr.PC at PS Rohru, alleging therein that for the last one week, he alongwith person namely Vikram had been doing work of digging and cutting of apple orchard of the bail petitioner-Sanjeev alias Saju, who on 17.2.2021, at 4:30 pm gave him money to bring liquor and meat. Complainant alleged that he after having purchased liquor and meat from Dhara, reached in the orchard of the petitioner, whereafter they alongwith petitioner and Vikram consumed the same. Complainant alleged that while going back to their house, they informed the bail petitioner that from tomorrow, they will be doing work in some other orchard, but bail petitioner gave them beatings and extended threats, as a consequence of which, they suffered multiple injuries on their persons. On the basis of aforesaid information, police initially lodged FIR under Sections 341, 323, 325, 504 and 506 IPC, but since subsequently, on 22.2.2021, complainant while getting his statement recorded 161 CrPC, alleged that bail petitioner besides calling him by name also maltreated him on account of his being from Scheduled Caste and as such, in the aforesaid background, police incorporated provisions of SC& ST Act in the FIR as detailed herein above and took the bail petitioner into custody.
(3.) Perusal of status report reveals that police got the complainant medically examined from Civil Hospital Rohru, where medical officer opined all injuries allegedly suffered by the complainant to be simple in nature, whereas injuries suffered by Vikram i.e. another injured person were opined to be grievous and as such, case under Section 325 came to be registered against the bail petitioner. Otherwise, perusal of status report reveals that investigation in the case is complete and nothing remains to be recovered from the bail petitioner and as such, prayer has been made on behalf bail petitioner to enlarge him on bail during the pendency of the trial.;


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