AVTAR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Instant petition has been preferred by the petitioner, seeking anticipatory bail under Sec. 438 of the Code of Criminal Procedure (in short 'Cr.P.C.), in case FIR No. 147 of 2021, dtd. 24/5/2021, registered in Police Station, Nalagarh under Ss. 147, 148, 149, 341, 323, 307, 302, 120B, 201 IPC and 25, 29B, 30 of the Arms Act.

(2.) As per prosecution case, petitioner is main conspirator in present case, wherein one Simran @ Simu has been murdered in sequel to a conspiracy hatched by petitioner and other co-accused. As per prosecution case, occurrence of incident in present case is a result of chains of incidents taking place since 27/3/2021, as on that date during Panchayat Elections petitioner abused Simran @ Simu and consequently during evening of that day Simran @ Simu and his friends beat present petitioner regarding which a case was registered against Simran @ Simu and others as an FIR No. 93 of 2021, dtd. 27/3/2021 under Ss. 147, 148, 149, 323, 506 IPC in Police Station Nalagath. Thereafter group of Avtar Singh beat Ashraf Ali, God brother of Simran @ Simu at Nanawal to take revenge of beating Avtar Singh consequently a case was registered against Avtar Singh and others as FIR No. 100 of 2021, dtd. 3/4/2021, under Ss. 147, 148, 149, 323 and 326 IPC and Sec. 25 of the Arms Act, in Police Station, Nalagarh. According to prosecution case, main target of Avrar Singh and his group was Simran @ Simu, therefore, petitioner alongwith his companions conspired to kill Simran @ Simu and in furtherance to that conspiracy, on 22/5/2021, group of petitioner had stopped friends of Simran @ Simu and inquired them about location of Simran @ Simu with their expressed intention to kill him. Petitioner's group was searching Simran @ Simu at various places wherever his presence was expected and possible and ultimately on 24/5/2021 Simran @ Simu was killed by gunshot, resulting in lodging of FIR in present case. During the same period marriage of sister of present petitioner was scheduled on 23-24/5/2022.

(3.) Learned counsel for the petitioner has submitted that in FIR name of petitioner has been mentioned as an accused present on the spot who participated in commission of offence, whereas, it has been concluded by the Investigating Officer that at the relevant point of time, petitioner was not present on the spot, but was involved in hatching a conspiracy to kill Simran @ Simu and, therefore, he has been arrayed as an accused in present case as a conspirator and thus he cannot be considered to have committed the offence under Sec. 302 IPC. To substantiate absence of the petitioner on spot, learned counsel for the petitioner has referred photograph of screen shot of Video, wherein at 2:57 P.M. on 24/5/2021, petitioner has been claimed to be present in marriage of his sister.