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2024 Supreme(HP) 277

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


Advocates:
Advocate Appeared:
For the Petitioner: Rajiv Rai.
For the Respondent: Jitender Sharma.

JUDGMENT :

RAKESH KAINTHLA, J.

1. The petitioner has filed the present petition for seeking regular bail. It has been asserted that the petitioner was arrested by the police for the commission of offences punishable under Sections 302, 307, 451, 323, and 324 read with Section 34 of IPC registered vide F.I.R. No. 51 of 2022, dated 04.06.2022 at Police Kot Kehloor, District Bilaspur, H.P. The informant Giano Devi has a long-standing dispute with the petitioner and his family members. The petitioner and his family members were arrested by the police on 04.06.2022. The mother of the petitioner lodged an F.I.R. No. 50 of 2022 against Smt. Giano Devi, Satish Kumar and Deshraj stating therein that Giano Devi started uprooting the wooden pillars on 04.06.2022 at 7:30 p.m. When the petitioner’s mother asked her not to do so; she and her family members attacked her with hockey sticks, axes and sticks. The police filed a cancellation report without conducting a proper investigation. The statements of spot witnesses Mintu and Kamla were not recorded. As per the cancellation report, Kunti Devi and the petitioner had sustained grievous injuries. However, no explanation for the same was provided in

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