LAWS(HPH)-2021-1-4

GURMEET SINGH Vs. STATE OF H.P.

Decided On January 05, 2021
GURMEET SINGH Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) This petition has been preferred seeking regular bail under Section 439 Cr.P.C, in case FIR No. 91 of 2016 dated 30.06.2016 registered in Police Station, Nagrota Bagwan, District Kangra, H.P. under Sections 307, 506 read with 34 of Indian Penal Code and Section 25 of Arms Act.

(2.) Status report stands filed stating therein that on 30.06.2016, a telephonic information was given by complainant Kuldeep Narayan in Police Station, Nagrota Bagwan that his friend Sanjeev Thakur had been shot at by a person namely, Jatt and Sanjeev Thakur had been taken to CHC, Nagrota Bagwan for treatment, whereupon police party had rushed to CHC Nagrota Bagwan and recorded statement of Kuldeep Narayan under Section 154, Cr.P.C, wherein he (complainant) had stated that on 29.06.2016 at about 9.15 p.m. his friend Sanjeev Thakur had come to his house and at about 10.00 p.m. he had come to the gate of his house to see off his friend. Car of his friend was parked adjacent to the gate. The moment his friend reached near his car, a vehicle bearing No. HP-39- 3737 with two occupants, including Driver, came from the side of Nagrota Bagwan bus stand and stopped behind the car of his friend.

(3.) On the basis of statement of complainant, FIR was registered and investigation was carried on. During investigation, Akshay Dhiman @ Akshu, co-accused was arrested on 07.07.2016, who after remaining in judicial custody, was enlarged on bail by learned Sessions Judge, Dharamshala vide order dated 01.09.2016, whereas, petitioner Gurmeet Singh was not traceable and could not be arrested despite all out efforts as he had gone underground to avoid his arrest.