RAHUL MALIK Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner is an accused in FIR No. 68 of 2016, registered under Sections 302, 307, 147, 148, 149 IPC and under Section 25 of the Arms Act in Police Station Dharampur, District Solan, H.P. He is presently in judicial custody and lodged in Sub Jail, Solan. This application has been filed for the grant of bail on the ground that he is a student of LL.B. 5th semester, Campus Law Centre, University of Delhi. As per the date sheet Annexure P-2, the examination of LL.B 5th Semester is scheduled to be held from 20th December, 2016 onwards up to 10th January, 2017.

(2.) Similar application filed by the accused-petitioner in Sessions Court, Solan has been dismissed by learned Addl. Sessions Judge (II), Solan, recently on 17.12.2016 vide reasoned order annexed to this petition. This Court is also not inclined to accept the prayer for the grant of bail for a limited duration i.e. up to 10th January, 2017 made by the accused-petitioner for the reason that the offence he allegedly committed is not only heinous but also grievous in nature and punishable with deterrent sentence, including capital punishment. He being permanent resident of Gautam Budh Nagar, Noida, Uttar Pradesh is an outsider and the possibility of his fleeing away from justice cannot be ruled out.

(3.) The gravity of offence, he allegedly committed and the prayer he made in this application is, however, to be balanced vis- à-vis his Constitutional right to education. Mr. Anoop Chitkara, Advocate, learned counsel has produced the copy of Roll No. issued by the University to the accused-petitioner along with date sheet.