LAWS(HPH)-2022-1-21

MOHAMMAD AADIL Vs. STATE OF HIMACHAL PRADESH

Decided On January 18, 2022
Mohammad Aadil Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) Petitioner is an accused in case registered vide FIR No.14 of 2021 dtd. 4/2/2021 at Police Station, Barmana, District Bilaspur, H.P. under Ss. 302, 201 and 34 IPC. Petitioner is in custody since 5/2/2021.

(2.) Petitioner has approached this Court for bail, in above noted case, under Sec. 439 Cr. P.C., on the grounds that the investigation in the case is already complete and after presentation of challan, the case is pending adjudication before learned Sessions Judge, Bilaspur. It is averred that implication of petitioner is false and there is no legal evidence on record to suggest an inference of his involvement in alleged crime. It has further been contended that petitioner belongs to a respectable family and has roots in the society; he is sole bread earner of the family, is only 22 years old and his further custody will affect his career. He doesn't have any past criminal record. He has undertaken not to make any inducement, threat or promise to the persons acquainted with the facts of the case and also to abide by all the terms and conditions as may be imposed against him.

(3.) On notice, respondent has submitted status reports, from time to time, the last being dtd. 16/1/2022. The police file was also produced at the time of hearing of the matter. Perusal of status reports as well as records from the police file, reveal that on investigation, involvement of petitioner along with one Farrah @ Tamanna has been found in the alleged crime and the challan has accordingly been presented in the Court of competent jurisdiction where the same is pending adjudication.