BHUPINDER KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail. It has been asserted that FIR No. 54/2022, dtd. 11/6/2022 was registered against the petitioner at Police Station Kotkhai, District Shimla, H.P. The petitioner has been in judicial custody for more than one year. The police have filed the charge sheet and the matter was listed for consideration on charge on 7/8/2023; however, no charges were framed against the petitioner. The petitioner is the sole bread earner of the family and keeping him behind bars is not justified. No purpose would be served by detaining the petitioner in Judicial custody. The petitioner would abide by all the terms and conditions, which may be imposed by the Court. Therefore, it was prayed that the present petition be allowed and the petitioner be released on bail.

(2.) The police filed multiple status reports. It was asserted in the latest status report that the police were informed that Baba Shiv Narayan was not picking up his mobile. The police searched but could not trace him. Subsequently, an e-mail was received in which it was mentioned that the mobile phones of Baba were operating in Punjab. The police obtained the call details record, checked the CCTV Footage and found that the vehicle of Baba had moved towards Chandigarh. It was also found that money was being withdrawn at Chandigarh/Mohali from Baba's account. The police obtained the CCTV footage of the ATMs from where the money was withdrawn. The mobile phones were put on the tracking and it was found that a SIM issued in the name of Ravinder Kumar was being used in the mobile phone of Baba. It also had an alternative number issued in the name of Pradeep Singh. The police checked the record of Raghukul Guest House owned by Pradeep Singh and found that Ravinder Singh had stayed in the guest house from 11/6/2022 till 13/6/2022 and from 14/6/2022 till 16/6/2022. The CCTV Footage of the guest house was checked and the person who was withdrawing the money from the ATM was found to be the same who was staying in the guest house. The police seized the record of the guest house. The other mobile phone was tracked and it was found to be using SIM issued in the name of Dharminder. The location of the mobile phone was found near Kot, Baleyan, Theog on 5/6/2022 when Baba was found missing. The police found that the account number linked to the mobile phone of Dharminder had a deposit of Rs.3.00 lacs between 15/6/2022 and 16/6/2022 and a withdrawal of Rs.1,70,000.00 through cheque. The police arrested Dharminder, who admitted that he, his brother Ravinder and Bhupinder, the present petitioner, came to Kotkhai and murdered Baba. They transported the dead body in a vehicle of Baba and threw it at Giripul. The dead body was recovered pursuant to the disclosure statement, which was identified by the younger brother of Baba. Police checked the CCTV footage and found that an Alto car was coming from Chandigarh to Shimla in which three persons were sitting. Police seized the CCTV footage. It was also found that Dharminder, Ravinder and Bhpinder had stayed in Hotel HC Punjab Inn Balongi, Mohali (Punjab) from 6/6/2022. The record was seized. It was found that Bhupinder was operating the mobile phone issued in the name of Kalawati. The location of the mobile phone was found to be in Shimla. Subsequently, the mobile phone was switched off on 8/6/2022. Earlier the SIM issued in the name of Bhupinder was used in the same mobile phone. The police also arrested Ravinder and recorded the statement of Suman Bisht, who stated that she had handed over the mobile number to Ravinder. Bhupinder was also arrested. The statement of Ravinder was recorded under Sec. 27 of the Indian Evidence Act and the vehicle of Baba was recovered from Balongi (Mohali). Ravinder and Bhupinder identified the place where they had murdered the Baba. Rs.2.00 lacs were recovered at the instance of Ravinder from Vijay Sethi. Police found after the investigation that Dharminder, Bhupinder and Ravinder had conspired to kill Baba. Baba had registered an FIR against Ravinder and Ravinder was annoyed due to this fact. They murdered Baba, brought his dead body into a jungle and carried the vehicle of Baba to Chandigarh (Mohali). They stayed in Hotel HC Punjab Inn. Ravinder withdrew the money from the ATM. The challan was prepared and presented before the Court.

(3.) I have heard Ms. Kanta Thakur, learned Counsel for the petitioner and Mr. Prashant Sen, learned Deputy Advocate General for the respondent-State.