ABHINAY GARG Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Since all the petitions arise out of same FIR, they were taken up together for hearing and are being disposed of vide this common order.

(2.) Bail petitioners namely Abhinay Garg, Rahil Garg, Surender Kumar, Yash Pal, Satish Kumar and Sahil Garg have approached this court in the instant proceedings filed under S 439 CrPC, praying therein for grant of regular bail in FIR No. 71 dtd. 17/3/2022, registered at Police Station Sadar, Mandi, under Ss.302, 147, 148 and 149 IPC. Respondent-State has filed status report and Investigating Officer has come present with record.

(3.) Perusal of status report/record reveals that on 17/3/2022 at about 5.00 pm, police after having received information that one person Raj Kumar alias Raju has drowned in Beas river, reached the spot and found that the deceased, with a view to save his life, jumped into Beas river. Complainant Surender, who is an eye witness, got recorded his statement under S.154 CPC that on 17/3/2022 at 11.00 am he had gone to Seri Mach for celebrating Holi and at about 3.30 pm, when he reached back home, he saw Raj Kmar running on bank of Beas river. He alleged that 9-10 people including 4-5 ladies, were chasing Raj Kumar carrying stones in their hands. Complainant alleged that deceased Raj Kumar jumped into river and sat on boulder on other side of the river. However, 4-5 people after crossing bridge reached near Raj Kumar alias Raju from other side and gave blow of Danda on his head, due to which Raj Kumar alias Raju fell in river. Complainant alleged that though deceased Raj Kumar raised his head and arms twice or thrice in water but ultimately he drowned. In the aforesaid background, FIR, as detailed herein above, came to be lodged against persons namely Dharampal, Surinder Kumar, Sahil Garg, Yash Pal, Rahil Garg, Abhinay Garg, Satish Kumar, Damyanti and Smt. Kamlesh Kumari. Accused Damyanti and Kamlesh Kumari stand enlarged on bail vide order dtd. 3/8/2022 passed by this court in CrMP(M) Nos. 871 and 1133 of 2022, whereas, all the remaining accused as named above are behind bars. Since Challan stands filed in the competent court of law and nothing remains to be recovered from bail petitioners, they have approached this court in the instant proceedings, for grant of bail.