NARINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is in custody since 22/12/2021 in a case registered vide FIR No. 47/2021, dtd. 22/12/2021, under Sec. 302 read with Sec. 34 of the IPC at Police Station Deha, District Shimla, H.P.

(2.) Petitioner has prayed for grant of bail on the grounds that he has been falsely implicated. It is the case of the petitioner that there is no legal evidence against him to connect him with the alleged crime. Investigation has been completed. Nothing is required to be recovered from the petitioner. Petitioner is at the prime of his youth and entire family is dependent upon him. He belongs to respectable family and has roots in the society. Petitioner is permanent resident of Village Kalgaon, Post Office Deha, Tehsil Theog, District Shimla, H.P. There is no likelihood of his absconding from the course of justice.

(3.) From the status report filed on behalf of the respondent, it is revealed that the investigation is complete and challan has been filed in the Court of competent jurisdiction on 16/3/2022. The report of SFSL is still awaited in respect of examination of certain samples and also voice sample sent to it. Supplementary challan will be filed on receipt of report. As per respondents, after investigation, it has been found that the co-accused of petitioner Sunil Kumar inflicted the blows on the person of deceased with sickle. It is alleged that on the evening of 21/12/2021, the deceased called co-accused Sunil to help him in carrying angle iron from bus stop to his house. Sunil reached the village of deceased on the motorcycle of petitioner. Sunil and petitioner helped the deceased in carrying angle iron and thereafter all three of them had liquor by sitting at the bus stop. Deceased uttered some unwanted words against the mother of Sunil and also asked him to bring more liquor. Sunil went to his house, brought a bottle of liquor and also a sickle. They were consuming more liquor and abruptly Sunil gave blows on the neck of deceased with sickle. Thereafter, Sunil absconded and was apprehended at Parwanoo, whereas petitioner went to his home. The police was informed during the intervening night of 21/12/12/2021. The case was registered and investigation was conducted.