KINSHUK AGRAWAL S/O OM PRAKASH AGRAWAL Vs. STATE OF CHHATTISGARH, THROUGH POLICE STATION- CIVIL LINES, BILASPUR

JUDGEMENT

(1.) This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No. 448 of 2016 registered at Police Station- Civil Lines, Bilaspur, District Bilaspur (C.G.) for the offence punishable under Section 304 Part-II, 201 r/w Section 34 of the Indian Penal Code.

(2.) As per the prosecution case, the incident happened in the intervening night of 21st & 22nd July, 2016 at a place named Rama Magneto Mall, Bilaspur. One Gaurang Bobde died who was in association with the present applicant and other co-accused. Gaurang Bobde fell down from second floor while was getting down from stairs along-with the applicant and other co-accused.

(3.) Learned senior counsels appearing on behalf of the applicant Mr. Surendra Singh along-with Mr. Manish Dutt would submit that death of Gaurang Bobde was due to accident as after consuming fair amount of Alcohol by the deceased and his friends while they were coming down by the stairs due to non-availability of the lift for the moments Gaurang Bobde has fell down as he could not control his movement due to intoxication. It is further contended that it is nobody's case that there has been any dispute as few of the friends along-with the applicant and other co-accused and the deceased were celebrating a party, few of the friends left the party earlier as usual and the deceased and four accused including the applicant stayed till 2:00 O'clock at the Bar. It is further stated that according to the case of the prosecution nobody were over drunk or not in position to walk and normally since lift operation of customer had stopped as such they decided to use the service lift to get down. It is further stated that the CCTV camera has been seized and the footage will show that firstly the applicant and other co-accused with the deceased had gone to service lift and according to the statement of Pushpendra Singh Thakur, the Liftman, the applicant and others were not staggering and one of accused, who had earlier left the Bar since forgot his key of Car come back with Ankit Malhotra for the key. So after taking the key again started to come down initially they wanted to come by lift, but the lift has gone to the first floor. Therefore, the initial intention was to get down by lift but as the lift had gone down they decided to come down by stairs. It is further stated the accused waited for the lift for one minute but since the lift was not available as such they decided to go down by walking down by the stairs. It is contended that walking down by stairs cannot be regarded as an offence and it was all individual decision.