RAJEEV KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application is maintained by the petitioner under Section 439 of the Code of Criminal Procedure for releasing him on bail in case FIR No.60/2016, dated 14.06.2016, under Section 302 of the Indian Penal Code, registered at Police Station Jawalamukhi, District Kangra, H.P.

(2.) As per the petitioner, he is innocent and has been falsely implicated in the present case. He is behind the bars and there is nothing against him, so he may be released on bail.

(3.) Police report filed. As per the prosecution case, on 13.06.2016 complainant, Shri Basant Kumar, was on his way to Village Muhal to labour work. At about 6 p.m. he was telephonically informed by his mother, Smt. Sheela Devi, that his brother, Shri Nirmal Kumar, went with the present petitioner towards Beas river, but did not return. The complainant came back and reported the matter to Pradhan of the Gram Panchayat, who informed the police. Both, police and Pradhan visited the spot where the mother of the complainant gave application to the police. The complainant came to know that the deceased took drinks with the petitioner and was with him around 3-4 p.m. On the subsequent day, divers were called by the police and they started searching the deceased and the dead body of the deceased was taken out. There were bruises on nose and forehead of the deceased. Around 2-3 months ago the petitioner thrashed the deceased and few days prior to reporting the matter, the deceased was beaten by the accused. Thus, as per the prosecution story, there is strong suspicion that the petitioner might have taken the deceased by alluring him for drinks and thereafter pushed him in the river. On this, FIR No. 60 of 2016, dated 14.06.2016, was registered under Section 302 of the Indian Penal Code, at Police Station Jawalamukhi.