RAKESH KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) Petitioner has approached this Court for regular bail, under Section 439 Cr.P.C., in case FIR No. 277 of 2018 dated 12.6.2018, registered in Police Station Sadar Una, District Una, H.P. under Sections 302, 323, 120-B IPC read with Section 34 IPC.

(2.) Status report stands filed wherein it is stated that Aman (complainant), son of Shri Yashpal, had made a statement under Section 154 Cr.P.C. stating therein that on 7.6.2018 he was coming back home from field after cutting grass and at about 6.30 PM when he reached near brick kiln in village Malahat, he had found his paternal uncle (Tau) Kushal Kumar (now deceased) consuming liquor along with accused Dharmender, accused Ravinder and accused Rakesh Kumar (petitioner) and when he asked his uncle to come with him to go home, Dharmender accused had asked the complainant to leave the place as they had to take more liquor yet. Complainant had further stated that they were living in joint family and after taking meal, he had gone to bed and on 8th June, 2018 at about 7.40 AM, co-villager Devinder Kumar had informed telephonically complainant's brother Vikas that dead body of his uncle was lying in field. It was further disclosed by complainant that a few days ago, accused Dharmender was caught by his wife red handed, wandering with another lady, and because of which Dharmender was detained in Police Station for one night and Dharmender was suspecting that complainant's uncle (now deceased Kushal Kumar) had informed Dharmender's wife about that and therefore, out of malice, Dharmender along with his friends Ravinder Kumar and Rakesh Kumar (petitioner) had conspired and murdered his uncle after intoxicating him.

(3.) It is further stated in status report that at about 7 PM on 8.6.2018, accused, named in statement of complainant, were arrested and since then, after remaining in police custody, they are in judicial custody.