KUSHAL SINGH Vs. STATE OF H.P

JUDGEMENT

(1.) THIS is an application, under section 438 Cr.P.C., for releasing the petitioner on bail in FIR No. 3/12 dated 10.1.2012, registered at Police Station, Shahpur, District Kangra, H.P., under sections 304, 34 IPC and 25, 29, 54, 59 of Arms Act. It has been stated that petitioner is innocent and he has been falsely implicated in the case. The petitioner has committed no offence. The petitioner belongs to respectable family and is a retired inspector from CRPF. The allegations against the petitioner are that while he was accompanying other persons for hunting in the forest, one of the persons negligently fired a gun shot and one Porkhi who was cutting fodder hit by the shot and died. The petitioner never went to the forest for hunting as alleged. The petitioner has been falsely implicated in the case. The investigation in the case is complete. The police has already taken into possession the gun and its licence from the petitioner. The petitioner is apprehending his arrest in view of registration of the case. The petitioner is ready to join the investigation and furnish bail bonds in accordance with the directions of this court. It has been submitted that petitioner earlier filed bail application, which has been dismissed by the learned Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala on 1.3.2012. The prayer has been made for releasing the petitioner on bail.

(2.) THE status report has been filed. It has been stated that case has been registered on the statement, under section 154 Cr.P.C. of Amin Chand. It has been stated that Porkhi Ram father of the complainant had been working as Chowkidar at Patwarkhana, Rehlu. On 9.1.2012 at about 11.30 Porkhi had gone in the jungle for collecting leaves which were to be used for preparing plates (Patals). He did not return in the evening. He was traced, but could not be located. On 10.1.2012 at about 10.30 p.m. the dead -body of Porkhi was found in Dradhnalla forest in the bushes. An empty cartridge was found near the dead -body at a distance of ten metres. The pallets marks were found on the body. The complainant suspected that some hunter suspecting Porkhi an animal fired at him and Porkhi died. On this, a case has been registered. The post -mortem on the dead body of Porkhi was got conducted and on the dead body 83 marks of pallets were found. A drat (sickle) and an empty 12 bore cartridge was found near the dead body. As per the provisional opinion of the doctor, the deceased died due to shot gun fire arm. The injury No. 2 chest bleeding to haemorrhagic shock. For final opinion, the forensic examination report is awaited.

(3.) I have considered the rival contentions. It has come in the investigation that fatal shot came from the gun of Yashwant alias Titu. There is no allegation that petitioner directly or indirectly helped Yashwant to fire at Porkhi. The petitioner has submitted in the bail application that police has already taken into possession the gun and licence. The allegation against the petitioner is that he was member of hunting party but no actual part played by him in the hunting resulting the death of Porkhi has been highlighted. No case has been made out for custodial interrogation of the petitioner. There is no allegation that in case the petitioner is released on bail, he will not be available for trial. In the status report vague allegations have been made that in case the petitioner is released on bail, he will terrorise the prosecution witnesses and create obstacle in the investigation. There is no material in support of these allegations. The petitioner has made out a case for grant of bail, under section 438 Cr.P.C.