Bhupinder Singh vs State of Himachal Pradesh

Kuldip Singh, Judge

This is an application u/s 438 Cr.P.C. for releasing the petitioner on bail in FIR No. 299 of 2011 dated 2.12.2011 registered at Police Station, Haroli, District Una, under Sections 307, 326, 341, 147, 148, 149, 506, 324 and 323 IPC.

It has been stated that complainant Pawan Kumar alongwith five others gave merciless beatings to the father of the petitioner on 24.11.2011. The father of the petitioner remained admitted in the hospital from 24.11.2011 to 3.12.2011 and suffered two fractures on his person besides other multiple injuries. A case at the instance of the father of the petitioner against the complainant alongwith others vide FIR No. 294 of 2011 dated 25.11.2011 was registered at Police Station, Haroli under Sections 341, 147, 148, 149, 323, 506 and 325 IPC.

The complainant Pawan Kumar on false accusation got a case registered against the petitioner on the allegation that when he was returning home around 9.00 he was stopped by six persons and was attacked by all with dandas and drati, as a result of which, he sustained injuries on his arm and legs. It has also been alleged that on his raising cries, people came over and in the meanwhile all assailants fled away, two persons i.e. petitioner and one Narotam were identified.

It has been stated that Pawan Kumar has lodged the case in retaliation to FIR No. 294 of 2011 registered against him for giving beatings to the father of the petitioner on 25.11.2011, who remained admitted in the hospital till 3.12.2011.

It has been stated that father of the petitioner had already filed a civil suit against Pawan Kumar and Jasvinder Singh and the learned Civil Judge (Senior Division), Una has passed injunction order against complainant and Jasvinder Singh. Jasvinder Singh is also an accused in FIR No. 294 of 2011 dated 25.11.2011.

It has been stated that investigation in the case is almost complete and no recovery is to be made from the petitioner. However, petitioner is ready to join the investigation and furnish bail bonds as per the directions of this Court. A prayer has been made for releasing the petitioner on bail.

The status report has been filed and the bail application has been opposed. It has been stated that on 2.12.2011 an information was received at about 10.25 p.m. from Medical Officer, CHC, Haroli that an injured has been brought for treatment in the hospital. On this, police party went to CHC, Haroli. Pawan Kumar was examined and the doctor gave the opinion that injuries No. 8, 9 are simple with blunt weapon and all other injuries were caused by sharp edged weapon and fresh. The final opinion will be given on injuries No. 1 to 7 after expert opinion. The statement of Pawan Kumar was recorded u/s 154 Cr.P.C. He has stated that he is in litigation with Bharat Singh of his village. He had gone to meet Jasvinder Singh, Pradhan in this connection. He was returning at about 9.00 p.m. on motorcycle from the house of Pradhan and was proceeding towards his house. On the way six persons stopped him and attacked him with sickle and dandas. He could identify only Bhupinder Singh alias Bindu S/o Bharat Singh and Narotam. On hearing his cries, Jasvinder Singh, Pradhan and other persons came on the spot and assailants fled away from the spot after extending threats that they would kill him. He sustained several injuries on his person, on this case was registered.

On 2/3.12.2011 during night doctor opined that due to excessive bleeding the condition of the injured deteriorated and on 3.12.2011 the injured was referred to Una for treatment. On 5.12.2011 the Senior Medical Officer opined that injured was undergoing treatment in R.H. Una and treatment outcome yet to be seen otherwise it was dangerous to life. Thereupon Section 307 IPC was added. The petitioner absconded.

It has come during investigation that Pawan Kumar had purchased land of his neighbour Bharat Singh Rana in auction in the year 2004 which was mortgaged with the bank and as a result of this the relation between the two families are not good. On 26.11.2011 the complainant had lodged a report against Bharat Singh Rana, his wife Ram Piari and son Bhupinder Singh with Panchayat which was sent by the Pradhan, Gram Panchayat to Police Station, Haroli. On 3.12.2011 Bharat Singh Rana, his son Bhupinder Singh when complainant was admitted in the hospital raised a dispute with the family of the complainant and police proceeded against them under Sections 107, 151 Cr.P.C. Bhupinder Singh before taking any action against him in that proceeding, absconded but action was taken against Bharat Singh and his family under Sections 107 and 151 Cr.P.C.

On 23.12.2011 the Medical Officer, CHC, Haroli has further stated final opinion awaited since patient is still under treatment and has to be operated. The injuries No. 7 and 4 being grievous till date, on this Section 326 IPC was added. The petitioner joined the investigation and he has denied his complicity in the commission of offence. The accused Narotam Singh has gone underground. The petitioner is not cooperating in the investigation and not coming out with true facts. The recovery of sickle and dandas are to be made. The other assailants are to be ascertained and identified. The prayer has been made for rejection of the bail application.

Heard and perused the police file. The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the case and the case is a counterblast to the FIR No. 294 of 2011 registered against the complainant and five others for giving merciless beatings to the father of the petitioner on 25.11.2011. This submission of the learned counsel for the petitioner is double edged. The truth will come out during trial. At this stage allegations against the petitioner are that he and his five companions including one Narotam attacked the complainant with sickle and dandas on 2.12.2011 at about 9.00 p.m. The complainant has identified the petitioner and Narotam. He could not identify the other assailants. The complainant was given initial treatment at CHC, Haroli, thereafter he was treated at Una. The nature of injuries found on the person of the complainant are simple, grievous with blunt weapon and sharp edged weapon. The injured is still under treatment and final opinion is awaited.

It has come during investigation that complainant has purchased the land of Bharat Singh father of the petitioner in auction and since then there is a dispute between the families. It has been alleged that petitioner is not cooperating in the investigation, recoveries are to be made. The four assailants are yet to be ascertained and identified and fifth assailant Narotam has gone underground.

In view of serious allegations against the petitioner of giving beatings to the complainant with his companions with sharp and blunt weapons which caused several injuries on the person of the complainant and the fact that the investigation is incomplete and various loose ends are yet to be tied up, the petitioner is not entitled to bail u/s 438 Cr.P.C. at this stage. Therefore, the petition is dismissed.

The observations made in this judgment are for disposal of bail petition only and the same shall not be construed as an expression of opinion on the merits of the case.