TAYAG RAJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant bail application has been maintained by the petitioner, under Section 439 of the Code of Criminal Procedure, for grant of bail, in case FIR No. 56 of 2020, dated 15.04.2020, under Section 302 of IPC, registered at Police Station Anni, District Kullu, H.P.

(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. Further, 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, so he may be released on bail.

(3.) Police report stands filed. The prosecution story, as emerges from the records, is that on 15.04.2020, complainant Ram Dass came to police station and made a complainant, wherein it has been alleged that on 14.04.2020, accused Tayag Raj (who is nephew of the complainant and grandson of deceased Nikka Ram), alongwith Shiv Ram and Ram Singh, was engaged in construction of toilet work in the house of deceased and after completing the day work, Shiv Ram and Ram Singh left for their houses, whereas, the accused stayed with the deceased in his room. On 15.04.2020, one Nitu Ram telephonically informed the complainant that yesterday evening, loud sounds of opening and closing of the door was coming from the room of the deceased. The complainant after receiving such information, came to the house of his father alongwith Shiv Ram and found that his father was lying unconscious in the corner of the room, blood was oozing out from his nose and the cloths, which he was wearing, were also torn. Thereafter, the complainant with the help of other persons, tried to shift his father to the hospital, however, while he was on his way to hospital, his father succumbed to the injuries, near his house. As per the allegations of the complainant, the accused killed his father, because his father would have been forced by the accused to register the property in his name and when he would have refused, he has been killed. On the basis of the complaint made by the complainant, FIR No. 56 of 2020, dated 15.04.2020, under Section 302 of IPC, came to be registered against the accused. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was found involved in a serious offence and there is possibility that in case he is released on bail he may tamper/hamper the prosecution case.