SHAILENRA SHUKLA Vs. STATE OF CHHATTISHARH

JUDGEMENT

(1.) THE applicant has preferred this application under section 439 of the Cr. P. C. for grant of regular bail, as he has been arrested in connection with crime No 530/07 registered in the Police station Dharsinwa, District Raipur for the offence punishable under Sections 302, 201/34 and 176 of IPC.

(2.) CASE of the prosecution, in brief, is that the applicant herein is security guard in the cement Corporation of India, Mandhar, on 31. 10. 2006 at about 10. 00 p. m. while he was on duty, deceased Gurjeet Singh @ Badal and other 9 persons of surrounding village entered in the factory premises after scaling the boundary wall with the intention to commit theft of steel and while they were about to leave after committing theft, they were spotted by the present applicant, who fired from his licensee gun, however, the miscreants managed to flee from there. The deceased, who sustained bullet injury, was taken to the house of co-accused Kanhaiya verma where he succumbed to the injuries. All the accused persons, who had entered the premises, buried the dead body of deceased near the canal at Mandhar. Dead body was discovered on 14. 12. 06 and thereafter memorandum of Kanhaiya Verma was recorded on 23. 12. 2006. After investigation all the ten accused persons and the present applicant were arrested in connection with the aforesaid crime.

(3.) LEARNED counsel for the applicant submits that on the fateful night the applicant was on duty, he had fired in the air after seeing the accused persons fleeing from the premises after committing theft. He had informed about the incident to the Works manager and also noted the said fact in the register, which was seized during investigation. Death of deceased Gurjeet was not caused due to gun shot injury as is evident from the post-mortem report as also the reply to the query sent by the police.