SANDEEP BHATIA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant petitions have been maintained by the petitioners under Sec. 439 of the Code of Criminal Procedure seeking their release in case FIR No. 07 of 2021, dtd. 3/1/2021, under Ss. 302 read with Sec. 34 of Indian Penal Code, registered at Police Station Sadar, District Shimla, H.P.

(2.) As per the averments made in the petitions, the petitioners are innocent and have been falsely implicated in the present case. They are permanent residents of District Shimla, thus neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by keeping them behind the bars for an unlimited period, so they be released on bail.

(3.) Police report stands filed. Tersely the facts of the case, as emerge from the records, are that on 2/1/2021, around 10:39 p.m., Shri Gagan Beuliya (complainant) informed the police of Police Station Sadar, Shimla that his friend Arun Kumar told him that some persons thrashed his father near Lalpani School. On receipt of the information, police visited the place and found that Ram Lal, father of the complainant, has already been shifted to IGMC, Shimla and thereafter the police reached IGMC Shimla and found that Ram Lal was admitted in emergency ward. On a formal inquiry by the Investigating Officer, Arun Kumar, son of Ram Lal, disclosed that near Lalpani School, Sagar and Sandeep @ Kaali (petitioners herein) mercilessly thrashed his father and also thrown him below the railing, due to which his father sustained multiple injuries and injury on his head. At that point of time the injured was unconscious. Accordingly, the Investigating Officer moved an application for conducting the medical upon the injured, so the Medical Officer conducted the medical and opined that the injured is fit for make a statement. On 3/1/2021 Ram Lal succumbed to his injuries. Upon this, the police machinery was set into motion. Police registered a case under the apt Ss. of IPC and the investigation commenced. Police visited the spot of occurrence, collected scientific evidence, recorded the statements of the witnesses and prepared the spot map. The petitioners were arrested and medically examined. Medico Legal Certificates of the petitioners reveal that on the day of occurrence they consumed liquor. Lastly, it is prayed that the bail applications of the petitioners be dismissed. In case the petitioners, at this stage, are enlarged on bail, there is every possibility that they may flee from justice or tamper with the prosecution witnesses, so the bail applications may be dismissed.