AJAY KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner has filed the present petition seeking cancellation of the bail granted by the learned Additional Sessions Judge, Paonta Sahib, District Sirmour, H.P. vide order dtd. 17/5/2024 in Bail Application No. 40 of 2024, titled Mahender Singh alias Gallu Saini Vs. State of H.P.

(2.) Briefly stated, the facts giving rise to the present petition are that the police received an information on 24/10/2023 that one person was brought to the hospital after a quarrel. The police went to the hospital for verification of the information. Rakesh Kumar (injured) made a statement that he was going to his home on 24/10/2023 on his motorcycle bearing registration No. HP-17A-4072. He was carrying Rs.3,98,000.00 with him. 2-3 vehicles stopped near the Lunj factory at 9.00 PM. The petitioner, Mahender Singh, and 15-20 persons came out of the vehicles and started beating the informant. Mahender Singh inflicted blows with a Gandasi on the arms and legs of the informant. The other people gave him beatings with sticks. His motorcycle was damaged. Rs.3,98,000.00 kept by the informant in his pocket were removed. The accused ran away from the spot after the incident. The police registered the FIR and conducted an investigation. It was found during the investigation that the money was dropped during the incident and was picked up by Ajay Kumar (the informant's brother). The left leg of the informant was amputated at PGI on 5/11/2023. The informant was admitted to the MM Institute of Medical Sciences and Research, Mulana, Haryana, and he died during the treatment. The postmortem examination of the informant was conducted, and as per the report of the Medical Officer, the cause of death was vascular degeneration of the kidney, consequent to the injury to the left leg. Accused Mahender Singh made a disclosure statement leading to the recovery of Gandasa, with which the injuries were inflicted. Accused Saravjeet Singh got recovered a stick which was used for beatings. Farman got recovered an iron pipe, which was used during the incident. Accused Mahender Singh was involved in the commission of a similar offence, and 12 FIRs were registered against him. The police had arrested other co-accused. The viscera was sent to FSL, and as per the result, no poison/ethyl alcohol or drug could be detected in the viscera. Blood was not detected in the Gandasa and metallic pipe, however, blood was found in traces on the wooden stick, but it was insufficient for serological examination.

(3.) The accused, Mahender Singh, filed a bail petition before the learned Additional Sessions Judge, Paonta Sahib (learned Trial Court). Learned Trial Court held that there were variations in the statement of Rakesh Kumar regarding the incident. The allegations made in the FIR were not corroborated by the medical evidence. MM Institute of Medical Sciences and Research, wherein the informant was admitted, stated the cause of death was Dengue Shock Syndrome, Multi-Organ Dysfunction Syndrome. Therefore, in these circumstances, the further custody of the accused Mahender Singh was unjustified, and he was ordered to be released on bail in the sum of Rs.50,000.00 with two sureties to the like amount.