AMAN CHAUDHARY Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner have approached this Court, invoking provisions of Section 439 of Cr.P.C., seeking bail in case FIR No. 237 of 2011, dated 20.10.2011, registered in Police Station Dhalli, District Shimla, H.P under Sections 302 and 381 of the Indian Penal Code.

(2.) Status report stands filed, wherein it is stated that on 20.10.2011 FIR in the case was registered on the basis of statement of complainant Nishant Negi wherein he had narrated that his maternal grandfather was living alone in top floor of the house at Sanjauli and a domestic help Aman Chaudhary (petitioner), sent by his uncle from Mumbai to assist his maternal grandfather, was residing with him since 14.10.2011 who was doing entire household work, including cooking food. On 20.10.2011, complainant reached home at about 5:30 P.M., and found that his pet dog, who was kept with his maternal grandfather during day time, was weeping bitterly and house of maternal grandfather was found locked from outside. Thinking that his maternal grandfather might have gone somewhere, he came back to his room. At about 6:30 P.M., two ladies came to his room inquiring about his maternal grandfather saying that they had come at noon also, but at that time also residence of his maternal grandfather was locked. Thereafter, complainant inquired from his aunt, living in the lower floor of the same building, but she was not having any information about his maternal grandfather. She called on mobile phone of maternal grandfather of the complainant but, after 2-3 rings, the call was disconnected from other side and on trying again, response was that mobile was switched off. Thereafter, lock of the house of maternal grandfather of complainant was broken. In the house, all other lights were switch of, except light of temple room, but radio was on. In the temple room, almirah was open and entire articles were scattered. On switching on the light of drawing room, maternal grandfather of the complainant was found dead on the bed with serious injury on back side of his head and one instrument used for cutting and hammering was also found lying on the floor with hairs and blood stacked with it. 10-12 lakhs cash, Golden chain with locket of Durga Mata and three pairs of ear rings were missing, but 2-3 lakhs cash and four Golden Bangles were there. Domestic help was found absent.

(3.) After registration of FIR, investigation was undertaken and petitioner was nabbed on 29.10.2011 in Bihar with the help of Bihar Police and with the location of mobile phone and during his arrest Rs. 8,89,157/- and Golden Chain with locket of Durga Mata and one Rudraksh chain and Golden coin were recovered from the petitioner.