SAGAR CHAUHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has approached this Court seeking grant of regular bail in respect of a case registered against him vide FIR No. 109 dtd. 14/5/2021 at Police Station City Samana, Patiala, under Sec. 304 IPC.

(2.) The FIR in question was lodged at the instance of Krishna Rani, wherein it is alleged that her younger son Vicky Kumar used to do labour work and had been employed in JS Factory, Samana and was on night duty. However, after he left for duty on the evening of 12/5/2021, he did not return back. Upon enquiries made by her, she came to know that Vicky Kumar had accompanied Sahil, Vishal, Magoo @ Rashpal and Sagar Chauhan (petitioner) and had proceeded towards Bhakra canal so as to consume liquor. It is alleged that the said persons purposely asked Vicky to get water from canal while they were aware that the same was risky and Vicky could fall in the canal. It is further the case of the prosecution that later the body of Vicky Kumar was found in the canal.

(3.) Learned counsel for the petitioner has submitted that even if the allegations as levelled in the FIR are taken to be correct, still no offence under Sec. 304 IPC can be made out as there is nothing to suggest that there was any intention on the part of the petitioner or other accused to kill Vicky (deceased). It has further been submitted that at best, it could be a case falling under the scope of Sec. 304-A IPC, which also would be debatable.