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2024 Supreme(HP) 252

RAKESH KAINTHLA
Happy Kant – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Ravi Tegta, Adv.
For the Respondent:Mr Jitender Sharma, Additional Advocate General with ASI Chet Ram, IO PS, Rampur, District Shimla, H.P.

JUDGMENT :

Rakesh Kainthla, J.

The petitioner has filed the present petition for seeking regular bail. It has been asserted that the petitioner was arrested for the commission of offences punishable under Sections 302, 341, and 323 read with Section 34 of the Indian Penal Code(IPC) registered at Police Station Rampur, District Shimla vide FIR no.45 of 2023 dated 01.04.2023.The petitioner is innocent and he was falsely implicated. There was an altercation between the petitioner, the deceased and his allies, which can be affirmed by the statement of Sang Dass, who was present on the spot. Sang Dass stated that he was sitting with one Daulat Ram. The petitioner came to him and he requested help from Sang Dass. The petitioner stated that two or three boys had looted him and given him beatings, which fact is apparent by the injuries sustained by the petitioner. The deceased was in a drunken state and he fell on the road. The deceased had sustained traumatic brain injuries secondary to blunt injuries which led to the trauma. There was no mens rea on the part of the petitioner and the petitioner acted in self-defence. The petitioner is a permanent resident of District Kullu and there is no

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