LALIT DAGAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail. It has been asserted that the petitioner was arrested for the commission of offences punishable under Ss. 302 and 394 read with Sec. 34 of IPC, vide FIR no. 223 of 2020, dtd. 15/9/2020, registered at Police Station Sadar, District Bilaspur, H.P. The petitioner is innocent and he was falsely implicated. The petitioner was aged 25 years at the time of the incident. He is a law-abiding citizen and would abide by all the terms and conditions, which may be imposed by the Court. Hence, the petition.

(2.) The petition was opposed by filing a status report asserting that the informant Harish Kumar disclosed that he is a driver of a Taxi bearing No. HP-01A -9543. He was taking four passengers from Shimla to Chintpurni. He was attacked by those passengers with a knife. They also stole his taxi. The informant was taken to the hospital. Davinder Singh made the statement that he was the driver of the truck bearing registration No. HP-63-3431. He saw an Alto Car on the roadside. He was stopped by one person who boarded the truck and asked for help. He became unconscious subsequently. His name was found to be Harish Kumar, who was attacked by the occupants. The Police conducted the investigation. Harish Kumar succumbed to his injuries subsequently. The Police found during the investigation that the accused/petitioner Yuv Raj and Rohit Singh had conspired together to hire a vehicle from Shimla to Chintpurni and thereafter to snatch it on the way. They hired the vehicle of Harish Kumar to Chintpurni. Yuv Raj asked the driver to stop the vehicle as he was feeling nauseous. Sahil put the chilly power in the eyes of Harish Kumar. Lalit attacked Harish with a knife. A truck reached the spot in the meantime. The petitioner and other persons ran away from the spot. The report of analysis has been received and as per the report, the blood sample of deceased Harish Kumar matched the blood sample taken from the spot. Blood was found on the jacket and pants of Sahil and the pants of petitioner Lalit. As per the opinion of the Medical Officer, the deceased died due to cardiorespiratory failure as a result of hypovolemic shock caused by the injuries to vital organs. Challan was presented before the Court and is now listed for recording the evidence on 21/11/2023. Hence, it was prayed that the petition be dismissed.

(3.) I have heard Mr. Prantap Sharma, learned Counsel for the petitioner and Ms. Avni Kochhar, learned Deputy Advocate General for the respondent-State.