BANSH RAIJADA 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 in FIR No.277/2023 dtd. 1/11/2023 for the commission of offences punishable under Ss. 120-B, 307, 324, 326, 327 and 384 of the Indian Penal Code (IPC) and Sec. 25 of the Arms Act registered at Police Station Haroli, Tehsil Haroli, District Una, H.P. The investigation is complete and Police has filed a charge sheet under Sec. 173(2) of Cr.P.C. which is pending for committal. The petitioner filed a regular bail petition, which was dismissed by learned Additional Sessions Judge-II, Una, H.P. The petitioner has been implicated based on the statement made by Lakhwinder Singh, one of the accused and the statement of the petitioner recorded under Sec. 27 of Indian Evidence Act. The version of the prosecution is improbable. The prosecution asserted that Mani Ram had called the informant from Jail, which is improbable. The petitioner is a student aged 19 years and in case of his continued detention, he would contact hardened criminals, which would be detrimental to his future. He would abide by all the terms and conditions, which may be imposed by the Court. Hence, the petition.

(2.) The petition is opposed by filing a status report asserting that the informant made a complaint to the Police that he had received a call from an unknown number. The caller identified himself as Mani Rana, who was confined to prison. The caller needed Rs.11,00,000.00 for his bail and demanded one and a half or two lakh from the informant. When the informant declined to pay the money, the caller threatened to get the informant killed. The informant called Summit @ Kaku, who was employed as a casual driver by him (the informant). Summit had put the informant in touch with Mani Rana, the caller. Summit stated that the informant should run away from his home to save his life. Summit also called the informant's nephew and advised him to take the informant away from his home. The informant and his friends proceeded towards the Police Post; however, they were shot near Puri Kitty Hall at about 9 pm. Two masked persons were driving a motorcycle without a registration plate and sped away from the spot. The Police conducted the investigation and arrested Lakhwinder, who disclosed that the present petitioner had handed over ten cartridges to him (Lakhwinder) and these were used during the shooting. The petitioner had gone to Hoshiarpur at the instance of Summit Jaswal @ Kaku and had obtained ten rounds from Tashu Sidhu, which were handed over to Lakhwinder. The petitioner also met Lovedeesh Sidhu and Satinder Pal and took them to Rainsari. The petitioner concealed the motorcycle of the shooters on the roadside. He prepared a video and sent it to Summit. He handed over the key to Summit Kumar. The petitioner was in touch with Summit Jaswal on 29/10/2023 and 31/10/2023. The petitioner had also pointed out various places after making a disclosure statement. The petitioner is involved in the commission of the heinous offences. Petitioner's life is in danger because the absconding accused can murder him. An FIR No.159/2023 dtd. 13/6/2023 for the commission of offences punishable under Ss. 323, 341 and 34 of IPC has been registered against the petitioner. The petitioner can intimidate the witnesses; hence, it was prayed that the present petition be dismissed.

(3.) I have heard Mr. Ajay Sharma, learned Senior Counsel assisted by Mr. Atharv Sharma, learned counsel for the petitioner and Mr. Baldev Negi, learned Additional Advocate General for the respondents.