RAJIV KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petitioner was arrested for the offence punishable under Section 306 of the Indian Penal Code, registered in Police Station Sadar, Hamirpur. The police had arrested the petitioner on 20.4.2013. Now, he is in judicial custody. The courts below denied bail, as such, the present application under Section 439 of the Code of Criminal Procedure for enlargement on bail.

(2.) HEARD and gone through the objections filed by the respondent-State. The bail is objected to on the ground that the report with respect to the SMS, which is alleged to have been sent from the mobile number of the petitioner, has been sent for forensic examination to Chandigarh, the report is still awaited.

(3.) ON 18.4.2013, in the evening, when the said phone number was being contacted, the response was that, number did not exist. But after some time, a call was received on mobile number 98174 50839 from the same mobile which earlier responded that it did not exist. Rajiv Kumar, the petitioner informed that he was serving in the Police Department in Hamirpur. The case of the complainant is that Rajiv Kumar aforesaid used to harass his deceased daughter and was responsible for her death.