CHURAMANI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking pre-arrest bail. It has been asserted that an FIR No. 327 of 2022 dtd. 27/10/2022 was registered at Police Station Balh, District Mandi for the commission of offences punishable under Ss. 279, 337 and 304(A) and 304 (AA) of IPC. The petitioner is innocent and he has no connection with the commission of the offence. The petitioner is ready and willing to join the investigation as and when required to do so. He is a respectable person of the society, who has roots in the society and there is no chance of his absconding. Hence the petition.

(2.) The petition is opposed by filing a status report asserting that the informant was selling liquor in the liquor vend on the intervening nights of 26/10/2022 and 27/10/2022. He heard some noise, on which, he saw outside and found that a motorcycle was lying on the road. Two persons were lying near the motorcycle. One person was unconscious and the other was crying for help. They were taken to the hospital. The petitioner was driving the motorcycle. The other person subsequently succumbed to his injuries. He was identified as Rakesh Kumar. The police checked the CCTV footage and found that the petitioner was driving the motorcycle at a high speed and hit Rakesh Kumar. Rakesh Kumar and the motorcycle fell after the accident. The blood sample of the petitioner was taken and the quantity of alcohol was found to be 147.12 ' 4.89 mg per cent. The petitioner is yet to be interrogated and arrested.

(3.) I have heard Mr. Sanjeev Kumar Suri, learned counsel for the petitioner and Mr. Prashant Sen, learned Deputy Advocate General, for the respondent/State.