SAJID ALI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is an application under Section 439 Cr.P.C. for releasing the petitioner on bail in FIR No. 123 of 2011 dated 24.12.2011, registered at Police Station, Gagret, District Una under Section 304 IPC. It has been stated in the application that the petitioner has been arrested on 25.12.2011 in the above case. The prosecution case in brief is that petitioner is working at toll tax barrier, Gagret. On 22.12.2011, the deceased alongwith other occupants of the vehicle refused to pay toll tax and were beaten. The petitioner has lodged FIR No. 118 of 2011 at Police Station, Gagret. In the scuffle the deceased sustained certain injuries and died later on as he was suffering from Aids.

(2.) THE investigation in the case is complete. The petitioner is innocent. There is no legal evidence to connect the petitioner with the commission of offence. No recovery is to be made from the petitioner. The FSL report, report of the viscera and treatment summary are yet to be collected. The further detention of the petitioner is not necessary in the case. The petitioner filed bail application which has been dismissed by learned Addl. Sessions Judge (Fast Track Court), Una on 24.1.2012. The petitioner is ready to furnish bail bonds in accordance with the directions of this Court. The prayer has been made for releasing the petitioner on bail under Section 439 Cr.P.C.

(3.) THE petitioner made disclosure statement and got recovered iron rod. The viscera of the deceased was sent to Rajindera Hospital, Patiala, for chemical analysis and the report has not yet been received. In case the petitioner is released on bail he can influence the witnesses. The prayer has been made for rejection of the bail application. The challan has been submitted in the Court on 23.2.2012.