KARAMVEER 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 by the police. As per the prosecution version the petitioner tried to crush the informant Davinder Kumar,Chowkidar, Forest Corporation, Sheelghat, under the wheels of the truck on 26/12/2005, at about 2:15 a.m. The Informant sustained injuries. The police conducted the investigation. The petitioner did not associate during the investigation and he was declared proclaimed offender on 23/5/2007. He was arrested on 3/3/2020 and was released on 25/4/2020. The petitioner was again declared as a proclaimed offender on 8/12/2021, as he could not appear before the learned Court due to miscommunication with his counsel. The petitioner remained under the impression that his counsel would inform him about the date of hearing but no such intimation was given to him. The pre-trial detention will amount to punishment, which is violative of Article 21 of the Constitution of India. The petitioner is innocent and has been falsely implicated. Therefore, it was prayed that the present petition be allowed and the petitioner be released on bail.

(2.) The State has filed a status report asserting that in addition to the informant-Davinder Singh, Rattan Lal, Mohan Singh and Durga Chand were also employed as Chowkidars in the Forest Corporation, Sheelghat. The informant noticed a truck bearing registration number HP11-1122 on 26/12/2005 at 2:15 a.m. 7-8 persons got down from the truck and tried to take away the timber of the Corporation. The informant woke Rattan Lal, Mohan Singh and Durga Chand and they went to the spot. The driver tried to crush the informant under the wheels of the truck. The informant sustained injuries on his legs. The police conducted the investigation and presented the challan before the Court. The petitioner absconded. He was declared a proclaimed offender. He was arrested on 3/3/2020 and was released on bail on 25/4/2020. He again absconded and was declared a proclaimed offender on 8/12/2021. He was arrested on 22/11/2023. The petitioner evaded the trial and absconded. The petitioner can again abscond in case he is enlarged on bail. Therefore, it was prayed that the present bail application be dismissed.

(3.) I have heard Mr. Rajul Chauhan, learned counsel for the petitioner and Mr. Parshant Sen, learned Deputy Advocate General for the respondent State.