PANKAJ MODI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petitioner has approached this Court by filing application under Section 439 of the Code of Criminal Procedure for grant of bail in case FIR No. 35/2014 dated 21.02.2014, registered at Police Station, Dhalli, District Shimla, under Sections 302, 376, 202 read with Section 34 IPC. The statues report has been filed by the respondent -State.

(2.) THE prosecution story as emerges is that on 21.2.2014, at about 12.05 a.m., Sh. Deep Ram Sharma, driver of Tanker bearing registration No. HR -37B -6499 reported to police station, Dhalli that when he was returning back from Bithal Rampur to Shimla, then at place Rain Shelter Sadhora, they found a lady in naked position, who was crying to save her. There was a car parked nearby in which three -four people were sitting. They did not stop out of fear. On this information, the investigation team rushed to the spot and found a dead body of a lady in a naked state. On the basis of rukka, FIR was registered. Investigating agency swung into action. There were tyre marks of vehicle found on the spot. The post mortem examination of the dead body was conducted. The viscera, vaginal swab and smear were sent for chemical analysis to Forensic Laboratory Junga. The accused persons were arrested. It was revealed that accused persons had caused the death of lady, who was later on identified to be Chitra, by crushing her under the wheels of Maruti Alto bearing registration No. HP -01A -2723. All the other accused persons including petitioner were also arrested for the participation in crime of alleged offence. Hence, accused persons were booked for commission of offence of rape coupled with murder of deceased Chitra in furtherance of common intention and intentionally omitting to give any information in respect of that offence which they were legally bound to give.

(3.) ON the other hand, Shri R.K. Bawa, Senior Advocate, assisted by Shri Onkar Jairath and Shri Jeevesh Sharma, Advocates, would contend that all other co -accused in this case have already been released on bail and it is only the petitioner, who is in custody for no fault of his and there are no allegations against the petitioner which are different from those of the co -accused already released on bail.