(1.) This petition under Sec. 439 Cr.P.C. is filed seeking regular bail in FIR No. 11 dtd. 19/1/2021, under Ss. 304 and 201 IPC, registered at Police Station Sarhali, District Tam Taran.
(2.) The FIR was at the instance of Tajinder Singh. As per the allegations, his brother Gurpinder Singh (deceased) went to the house of Gurlovedeep Singh (petitioner) on 15/1/2021. At about 9.00 PM, the deceased telephonically informed his mother that he had consumed excessive liquor and will stay back in the house of the petitioner. When the deceased did not return on the next day and his phone was found switched off, the family approached the petitioner who gave no satisfactory reply. As per the allegations, earlier the deceased used to take drugs along with the petitioner but later he had given up the habit. A dead body was brought to Civil Hospital, Tam Taran which was identified by the complainant as of his brother. In the post-mortem report, the cause of death was due to drug poisoning and morphine and aluminium phosphate were detected in the viscera.
(3.) Learned senior counsel for the petitioner submits that the petitioner is in custody since 21/1/2021, investigation is complete, no recovery is to be made, the petitioner and the deceased were drug addicts and it is a case of drug over-dose.