RAJAT DEEP Vs. BIRENDER CHAUHAN

JUDGEMENT

(1.) Bail petitioner namely Rajat Deep who is behind bars since 11/4/2022, has approached this court in the instant proceedings, for grant of bail in case FIR No. 33, dtd. 8/4/2022, registered at Police Station Gaggal, District Kangra Himachal Pradesh under Ss. 324, 382 and 307 IPC. Pursuant to order dtd. 29/4/2022, respondent State has filed status report and ASI Ravinder Kumar, has come present with record. Record perused and returned.

(2.) Close scrutiny of record reveals that on 8/4/2022, police after having received telephonic information reached PHC Tiara and recorded statement of complainant Rahul Kumar under S. 154 CrPC, who alleged therein that five months back he had given Rs.40,000.00 to the bail petitioner Rajat Deep on his request. In March, 2022, Rajat Deep returned Rs.13,000.00and when on 8/4/2022, he asked Rajat Deep to return the money, he told that he has to take money from some person, who resides near Kathla Mata Mandir. Complainant alleged that he met him at Chaitlu and from there went to Kathla Mata Mandir on motor cycle bearing registration No. HP-39E-2676. Before reaching Kathla Mata Mandir, Rajat Deep stopped the motor cycle and started waiting for the person, from whom he had to take the money but since after lapse of considerable time, none came/reached the spot, complainant told Rajat Deep he has to return home but the bail petitioner uttered the words, "I am Sorry" to the complainant and slit the throat of the complainant with sharp edged weapon, as a consequence of which blood started oozing out from the throat of the complainant. After the alleged incident, the bail petitioner fled from the spot and also took away motor cycle of the complainant. Complainant alleged that bail petitioner attacked him with an intention to kill him ad as such, appropriate action be taken against him.

(3.) Since the investigation is almost complete and nothing remains to be recovered from bail petitioner, he has approached this court for grant of regular bail.