SUDERSHAN KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is an accused in case registered vide FIR No. 101 of 2021, dtd. 14/8/2021, at Police Station, Dehra, District Kangra, H.P. under Ss. 341, 323, 504, 506, 302 and 34 IPC. Petitioner is in custody since 16/8/2021.

(2.) Brief facts necessary for adjudication of petition are that on 14/8/2021 police reached the ESI Hospital, Sansarpur Terrace on being informed that an injured person named Shakti Chand S/o Sh. Bidhi Chand (now deceased), had been brought for treatment. His statement was recorded to the effect that he had two other brothers and his father had died. The land was joint between all the three brothers, but they were in possession of their respective shares on the basis of private arrangement. He stated that on 14/8/2021 he alongwith his younger brother Rajesh Kumar, labourer Ashwani Kumar and mason Paramjeet were busy in construction of a latrine on the land which was in his possession, the bail petitioner alongwith his son Keshav Jariyal threatened him to stop the work. Petitioner pushed the injured (now deceased), as a result of which, he received injury on his back. In the meantime, the son of petitioner threw a brick towards the injured and hit his head. The injured was accordingly brought to the hospital, who later succumbed to the injuries. The investigation was completed. As per medical opinion, the cause of death was shock due to ante-mortem head injury.

(3.) The petitioner has made a prayer for grant of bail on the ground that he is innocent and has been implicated falsely. The petitioner has already been in prolonged custody and no fruitful purpose shall be served by keeping him in custody till the conclusion of trial. It is stated that petitioner is sole bread earner of the family. He is local resident of the State of Himachal Pradesh. Petitioner has undertaken to abide by all the terms and conditions as may be imposed against him.