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2023 Supreme(HP) 538

RAKESH KAINTHLA
Bhutto – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the Petitioner: Ms. Veena Sharma.
For the Respondent: Ms. Avni Kochhar.

JUDGMENT :

(Rakesh Kainthla, J.)

The petitioner has filed the present petition for seeking the pre-arrest bail. It has been asserted that FIR No. 188 of 2023, dated 22.10.2023 was registered against the petitioner at Police Station, Ghumarwin for the commission of offences punishable under Sections 323, 504 and 506 read with Section 34 of IPC, which was converted into Sections 325, 307 and 109 of IPC. It is asserted that the petitioner is working as a driver in the office of Deputy Commissioner, Taxation and Excise, Bilaspur. His father filed a civil suit for permanent prohibitory injunction against the informant in 2018 which was decided in favour of the petitioner’s father on 20.6.2022. The informant was restrained from changing nature, cutting the trees or causing any kind of interference with the land in dispute. Possession of land was handed over to the petitioner in the presence of Police officials, Gram Panchayat Pradhan, Up-Pradhan etc. The informant used to pick up quarrels repeatedly with the petitioner. The petitioner’s father and his wife were fencing the land on 22.10.2023. The informant and his family members came to the spot and restrained them. They abused the petiti

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