In this case, the police took the petitioners into custody after they had a physical fight with the Respondents. This fight resulted resulting in physical injuries. Subsequently, the Respondents filed an FIR. The petitioners were out on interim protection. The petitioners approached the Court to make the order absolute.
Brief Facts of the Case
As per the respondents, one of the respondents, Yog Raj, a pick-up driver was transporting a cow. The cow was being transported to another respondent no.2, Hoshiar Singh. The respondent had got the cow from the Respondent No.3, Lucky Pahalwan after a deal happened between them.
Respondent No.1, Yog Raj claims that while he was transporting the cow, he stopped in between to relieve himself. During that time, the petitioners asked the respondent to remove the barricades guarding the back of the vehicle. After that, the petitioners held the respondent. The petitioners injured him by beating him. Further, the petitioners did the same to other respondents, who came to help Yog Raj after he called them for help.
Subsequently, the respondents launched an FIR against the petitioners. Following the FIR, the police arrested the petitioners and took them into custody. Consequently, the police charged the petitioners under several sections of the IPC. The sections include 307, 326, 341, 323, 504, 506, 427 and 34. These charges included an attempt to Murder, Battery, Criminal Intimidation and Damage of Property.
However, the petitioners claim that the feud took place after the respondent left the cow outside their house. They asked the respondent about the cow. This resulted in an argument. The argument then escalated into a physical fight. As of now, the court granted interim protection to the petitioner. The Petitioners have prayed to make it absolute.
Petitioner’s Argument
The petitioners have claimed that they have been falsely indicted and are innocent. They further claim to be fully cooperating with the investigation. They have helped in recovering the weapons used, for evidentiary purpose. Further, they have also filed a counter FIR for the same case.
Respondent’s Argument
The Counsel for the respondents asked that the Court place stringent conditions on the petitioners for Bail. It also prayed that the Court ensures constant cooperation from the petitioners. It further prayed to the Court to make sure that the petitioners should not manipulate the investigation in any manner.
Observations of the Court
The Court observed that the allegations put on the petitioners are yet to proven. For this purpose, relevant evidence is required. Further, the petitioners have also filed a Cross FIR. The court observed that the petitioners have cooperated with the police and the investigation. Also, the petitioners are permanent residents of the place and hence cannot elope.
Court’s Judgment
Based on the aforesaid statements, the Court made the interim protection of the petitioners absolute. The Court ordered the petitioners to adhere to the conditions enforced by the Court. The petitioners cannot influence the investigation in any manner and cannot tamper the evidence. Further, they have to ensure full cooperation and keep the court updated about their whereabouts.
The Court also held that in case of contempt of any conditions, the respondents can apply to cancel the bail.
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