INDER DEV Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has approached this Court under Sec. 439 of the Code of Criminal Procedure (for short Cr.P.C.) seeking bail in case FIR No. 239 of 2021, dtd. 26/8/2021, registered in Police Station Kullu, District Kullu, Himachal Pradesh, under Ss. 302, 307, 323, 325, 326, 201, 147, 148, 149, 440, 354, 354-B, 109 and 34 of the Indian Penal Code (for short 'IPC'), Sec. 25 of Arms Act and Ss. 3(1)(r), (s), (w) & 3 (2)(va) of Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 (herein after referred to as SC&ST Act).

(2.) Status Report stands filed. Record was also made available along with CCTV Footage of Cafe Waters Edge, being relied upon by the prosecution for identification of accused and other persons. Petitioner has also placed on record Pen Drive with claim that it contained CCTV Footage relied upon by the State with further submission that said CCTV Footage shall demonstrate that petitioner was not involved in commission of offence and thus entitled for bail.

(3.) Prosecution case is that on 25/8/2021 at about 7:30 P.M. an information was received in Police Station, Kullu that at near Saeubag at Chhururu, some mishap had occurred. This information was transmitted by Police Station staff to QRT team and to SI Kushal Kumar, the then SHO, who was on patrolling. SI Kushal Kumar, out of his Patrolling Party, deputed ASI Vij Ram and Constable Om Parkash to reach Regional Hospital, Kullu to handle the situation on arrival of injured, and alongwith remaining team of Patrolling Party he rushed to spot. On reaching near Cafe Water Edge (hereinafter referred as Cafe) at Chhururu, he met Constables of QRT Team of Kullu Police who were controlling the traffic on the spot, managing preservation of the spot and were waiting for Ambulance to shift injured persons from the spot. Son of victim Yuma Devi and Paras Ram, and other onlookers were also present on the spot. Paras Ram was lying in katcha portion of road on side of road. He was bleeding badly and at some distance from him, in the middle of the road, his broken vehicle was there. On left front seat thereof injured Yuma Devi wife of Paras Ram was crying due to pains. SI Kushal Kumar instead of waiting for Ambulance directed QRT Team and son of victims to shift injured to the Hospital in his Police vehicle. On reaching the Hospital, treatment of injured was started in emergency. During treatment, statement of Yuma Devi was recorded under Sec. 154 Cr.P.C. by ASI Vij Ram, on the basis of which FIR was registered under Ss. 307, 320, 147, 148, 149 IPC, Sec. 25 of Arms Act and Sec. 3 of Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act.