PANKAJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) All these petitions are being decided by a common order, as common questions of law and facts are involved.

(2.) The case, as set up by respondent-State is that FIR No. 175 of 2021 was registered at Police Station Jogindernagar, District Mandi, H.P. under Ss. 341, 323, 302, 201 read with Sec. 34 IPC on 26/10/2021, on the complaint of complainant Ramesh Chand. The case was investigated and the Investigating Agency, on the basis of material collected, arrived at the hypothesis that the petitioners in furtherance of their common intention caused the murder of deceased Dinesh Kumar @ Panku. It is alleged that on 24/10/2021, deceased Dinesh Kumar visited village Darkoti-Trimblu to attend marriage of his friend and was accompanied by his friends namely Sunil Kumar and others. They were consuming liquor and a small altercation took place between deceased and petitioner Pankaj @ Abbu. After sometime, the deceased alongwith his friends left marriage venue for their respective homes, but were waylaid by the petitioners at some distance and an assault was launched by them with sticks in their hands. Sunil Kumar suffered injuries on his head and fell on the ground. Rest of the friends including deceased ran in different directions. It is further alleged that petitioners chased deceased with sticks in their hands. All other friends of deceased reached their respective homes that night but the whereabouts of deceased were not known. His mobile phone initially did not respond but later it was found switched off. On the next day, after registration of FIR, a search was made and the body of deceased was found in a rivulet having water and stones. Police collected the evidence on the spot. Petitioners were arrested on 26/10/2021. Post mortem of the deceased was got conducted. The opinions of scientific experts were procured. On completion of investigation, challan has been filed and is stated to be pending before the learned Additional Sessions Judge, Sarkaghat for consideration of charges.

(3.) Petitioners have approached this Court for grant of bail under Sec. 439 Cr.P.C. on the grounds that they are innocent and have been falsely implicated. They have denied having given beatings either to Sunil Kumar or the deceased. It has been contended on behalf of the petitioners that the investigation has already been completed and nothing incriminating has been found against them. It is further contended on behalf of the petitioners that they are permanent resident of State of Himachal Pradesh and there is no likelihood or apprehension of their absconding from the course of justice. They have undertaken to face trial and have also undertaken to abide by all the conditions, as may be imposed. They have further undertaken not to tamper with the prosecution evidence in any manner whatsoever.