SANTOSH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner is an accused of offence under Ss. 302, 147, 148, 149, 352, 451 and 323 of the Indian Penal Code, in case FIR No. 45 of 2021 dtd. 14/8/2021, registered at Police Station, Kasauli, District Solan, H.P. The petitioner is in custody since 15/8/2021.

(2.) Petitioner has approached this Court by filing petition under Sec. 439 Cr.P.C. for grant of bail in above noted case on the grounds that from the entirety of evidence collected by the investigating agency, case under Sec. 302 is not made out against the petitioner. Petitioner is an army personnel and co-accused namely Champa, Saroj, Sonu and Sameer have already been released on bail. Petitioner is stated to be innocent and not involved in the present case in any manner. Implication of the petitioner has been alleged to be false. It is further averred that petitioner has roots in the society and there is no likelihood of his fleeing from the course of justice. Petitioner has under taken to abide by all the conditions, as may be imposed against him. Petitioner has further undertaken not to tamper with the prosecution evidence. As per petitioner, he has no past criminal history. Petitioner is stated to have filed a bail application in the same case before this Court on an earlier occasion but the same was dismissed as withdrawn with liberty to file fresh. It is stated that the said bail application was filed before filing of challan and now there is a changed circumstance, as the investigation has been completed and challan has been presented.

(3.) In response, the respondent-State has filed status report. It is stated that on 14/8/2021, an information was received at Police Station, Kasauli, District Solan, H.P. that an altercation has taken place between two groups in Village Thana, Post Office Chandi, Tehsil Kasauli, District Solan, H.P. and some persons had been brought to CHC, Chandi for treatment. In-charge of Police Station, accompanied by other officials reached CHC, Chandi and found that Padam Dev was dead. After inspection of the body, the police party reached the house of victim where, statement of Kumari Sushila was recorded under Sec. 154 Cr.P.C. It was alleged that the complainant was residing at Village Chandi along with her brothers and their family members. On 14/8/2021, they had arranged a religious ceremony at their home. On the backside of their house, there is a place dedicated to the family deity and there is a temple of Lord Shiva in their courtyard. Satish Sharma was engaged as priest, who had offered prayer before the family deity at about 10.00 A.M. and after 10-15 minutes, they had come to the temple of Lord Shiva. At about 1.30 P.M., their neighbor namely Santosh uprooted the cover placed over the family deity and threw the same in the courtyard. Urvashi, Bhabi of complainant, noticed Santosh throwing the cover and she along with the complainant and her younger sister Pushpa confronted Santosh regarding reason for his conduct. Santosh blamed that they were engaged in sorcery and in the meantime, other persons namely Naveen, Vikas, Sanjay, Sameer @ Aadi with Sonu Kumari, Saroj and Champa Devi also arrived near to the place of family Deity. Urvrshi was given beatings and the complainant and her younger sister were also held by some of the accused persons and were also given beatings. In the meantime, Padam Dev brother of the complainant arrived and tried to get the complainant and his other sisters free from the clutches of accused and all five male accused persons started beating Padam Dev. The petitioner gave a blow of Danda on the head of Padam Dev and other four male accused persons pushed Padam Dev towards the cliff, as a result of which, he rolled down from the cliff for about 45 feet. Padam Dev was taken to hospital, where he was declared brought dead by the Doctor.