TAJINDER SINGH ALIAS TEJI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner is seeking regular bail in FIR No.97 dtd. 6/4/2021, under Ss. 304, 34, 201 IPC, registered at Police Station Salem Tabri, District Ludhiana.

(2.) Learned counsel for the petitioner contends that it is alleged that the deceased had died due to drug overdose. The petitioner is not named in the FIR and has been arraigned as an accused on the supplementary statement of the complainant recorded later wherein it is stated that the deceased was a drug addict and the petitioner and co-accused used to take drugs with the deceased and they had administered overdose of drugs resulting in his death. He, however, contends that the recovery of injections has been effected from co-accused while only a mobilephone has been recovered from the petitioner. He also contends that it would be improbable that offence under Sec. 304 IPC would be made out in the aforenoted facts and circumstances. He also contends that the petitioner, who is 23 year of age, is in custody for over seven months and does not have criminal antecedents.

(3.) Learned State counsel, upon instructions from SI Kashmir Singh, states that although challan has been filed but no prosecution witness has been examined so far. He also contends that there is an extra judicial confession of the petitioner which also implicates him.