HAPPY KANT 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, 341, and 323 read with Sec. 34 of the Indian Penal Code(IPC) registered at Police Station Rampur, District Shimla vide FIR no.45 of 2023 dtd. 1/4/2023.The petitioner is innocent and he was falsely implicated. There was an altercation between the petitioner,the deceased and his allies, which can be affirmed by the statement of Sang Dass, who was present on the spot. Sang Dass stated that he was sitting with one Daulat Ram. The petitioner came to him and he requested help from Sang Dass. The petitioner stated that two or three boys had looted him and given him beatings, which fact is apparent by the injuries sustained by the petitioner. The deceased was in a drunken state and he fell on the road. The deceased had sustained traumatic brain injuries secondary to blunt injuries which led to the trauma. There was no mens rea on the part of the petitioner and the petitioner acted in self-defence. The petitioner is a permanent resident of District Kullu and there is no chance of his absconding. He will abide by all the terms and conditions, which may be imposed by the Court. Hence, it was prayed that the present petition be allowed and the petitioner be released on bail.

(2.) The police filed a status report asserting that the informant-Dev Raj made a statement that he was posted as Home and was on night duty Guard on 31/3/2023. He was on duty from 10:00 pm till 2:00 am. He heard the noise of two or three persons shouting. He and Maan Dass went to the place from where the noise was coming. They saw that four or five people were quarrelling with each other. The informant and Man Dass tried to separate the quarrelling people and two persons ran away. One person was lying in injured condition, who revealed his name as Prakash on inquiry. He said that Vicky, Thapa and Rahul were with him and ran away from the spot. The petitioner was with them who had given beatings to Prakash Chand. Prakash Chand fell while running away and sustained injuries. The petitioner said that these three persons had snatched his money and key, which led to a dispute between the parties. The Police registered the FIR. Prakash was sent for medical examination and he was referred to IGMC, Shimla. He succumbed to his injuries. The Police arrested the petitioner, who revealed on enquiry that he had gone to a new bus stand in his vehicle n the intervening night of 31/3/2023 and 1/4/2023. Three people met him and snatched his money. He sought help from Pawan Kumar and Balbir Negi. Balbir and Pawan searched for those persons on his motorcycle. When the petitioner went ahead of the HRTC workshop, he saw one person, who was hiding behind the bushes. The petitioner and other persons gave him beatings. Prakash sustained injuries in the incident. Pawan and Balbir were also brought to the Police Station and they were interrogated to confirm the story of the petitioner. The police also arrested them. The challan has been prepared and presented before the Court. As per the report of the post-mortem, the deceased had died due to traumatic brain injury, secondary to blunt trauma sustained to the head region. No poison/ethyl alcohol was detected in the report of Chemical examination. The petitioner can intimidate the witnesses and can abscond, in case he is released on bail. The petitioner is involved in the commission of a heinous offence; hence, it was prayed that the present petition be dismissed.

(3.) I have heard Mr. Ravi Tegta, learned counsel for the petitioner and Mr. Jitender Sharma, learned Additional Advocate General, for the respondent/State.