ARJUN KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner, under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No.25 of 2019, dated 17.2.2019, under Section 304 of the Indian Penal Code, registered in Police Station, Nahan, District Sirmaur, H.P.

(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is permanent resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by keeping him behind the bars for an unlimited period, so he be released on bail.

(3.) Police report stands filed. The prosecution story, as emanates from the records, is that on 16.2.2019, police were informed from Dr. Y.S. Parmar Medical College, Nahan, that an accident case has come in the hospital. On the basis of such information, police visited emergency ward of the hospital and found injured Rajinder Singh alias Neetu, admitted in the hospital. On inquiry, it was unearthed that the injured had received injuries, owing to fall from retaining wall (danga) near hotel Nestling Meadows Chai Mehlog. After seeing the condition of injured, the concerned Medical Officer referred him to PGI, Chandigarh. However, on 17.2.2019, it was telephonically conveyed from PGI, Chandigarh, that the injured has succumbed to his injuries. Consequently, police procured postmortem report of the deceased and a police team visited the spot of incident. Police recorded the statement of the father of deceased, under Section 154 Cr. P.C. (complainant), wherein he stated that Hotel Nestling Meadows Chai Mehlog, is of Shri Manish Aggarwal and occasionally, he used to work there, as cook. On 15.2.2019 also, he was in the hotel alongwith Ajay Rana, Rajinder (deceased) and Arjun (petitioner herein). Since on the said day, no room of the hotel was occupied, Arjun and the deceased brought two bottles of country made liquor and all of them consumed the same. While having the liquor, the deceased, Arjun and Ajay Rana, were also playing ludo game and in the meanwhile scuffle took place between the deceased and Arjun Kumar. When the complainant intervened, Ajay Rana pushed him and the deceased from the retaining wall of the hotel, resultantly, the deceased sustained injuries. Thereafter, the complainant and Arjun took the deceased to the hospital and afterwards a case was registered, under the apt Section of IPC against the petitioner. The investigation ensued and all the codal formalities were completed by the police. After completion of investigation, police presented the challan before the learned Trial Court and now the case is fixed for consideration on charge. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was involved in a serious offence, and there is every possibility that in case at this stage he is enlarged on bail, he may flee from justice and tamper with the prosecution witnesses.