HARJEET SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) Heard.

(2.) The petitioner apprehends his arrest in a case registered under Sections 279, 337, and 304 AA of the Indian Penal Code in Police Station, Nalagarh, District Solan vide FIR No.74 /16.

(3.) The report was made to the Police by Ashwani Kumar, a passer -by. According to him, around 10.35 p.m., he was going to the Bazar at Nalagarh in connection with some personal work. He noticed one motorcycle being driven towards Datowal in its right side by the rider whereas the offending car bearing registration No. HP 12G 4491 in a rash and negligent manner from opposite direction. As a result thereof the car hit the motorcycle. The rider of the motorcycle and the occupants of the car have received injuries in this accident. One pedestrian namely Vidya Devi also got injured in this accident. The accused -petitioner was on the wheel of the offending car whereas Deepak Thakur and Amrinder, were the occupants thereof. They all were found to have received simple injuries in the accident, however, the motorcyclist Shri Jassin succumbed to the injuries in PGI Chandigarh on 25.4.2016. The accused -petitioner and two other occupants of the offending car were under the influence of liquor. It has been claimed that since the accident has occurred on account of rash and negligent driving attributed to the accused -petitioner, he is not entitled to be admitted on bail.