SHYAM SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner, invoking provisions of Sec. 439 of the Code of Criminal Procedure, has approached this Court seeking regular bail in case FIR No. 94 of 2021, dtd. 16/6/2021, registered under Ss. 302 and 201 of Indian Penal Code (in short 'IPC') in Police Station Theog, District Shimla, H.P.

(2.) Status report stands filed. Record was also made available.

(3.) As per prosecution case, on 14/6/2021, Dy.SP received a secret information that a person has been burnt in Gharaach forest. Information was passed to SHO/SI Madan Lal and both of them alongwith Police officials went to Gharaach forest and found burnt wood, ashes and bones in the forest in a Nala. It came in the notice of police party that there was rumour that a Nepali who was residing with Shyam Singh @ Lath in village Bhalech, near Devi Moad was missing and probably it was he who was burnt. Whereupon Shyam Singh was summoned and enquired in Police Station who informed that Bheem Singh Nepali, residing with him, had expired one month ago because of ailment and two Nepalis serving with him had cremated him in the evening in Gharaach forest according to Hindu Rites and Rituals. After having this information, a Team from State FSL, on call of police, visited spot on 15/6/2021 and collected samples of remains of bones, teeth, ash and lower lying on spot and also sample of soil. From the room where Bheem was staying, bedding was also taken in possession.