TAKKI MOHAMMAD Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is an application under Section 439 Cr.P.C. for releasing the petitioner on bail in F.I.R. No.57/2007 dated 27.3.2007 under Sections 302, 120/B I.P.C., registered at Police Station, Nahan, District, Sirmaur.

(2.) HEARD and perused the record. It has been submitted on behalf of the petitioner that the petitioner is working as Driver in Himachal Road Transport Corporation and was on duty on the date of alleged occurrence. The petitioner has been falsely implicated in the case and is in custody since 28.3.2007. The petitioner has been arrested simply on suspicion. There is no legal evidence on record to connect the petitioner with the commission of offence. The recoveries on the basis of alleged statements under Section 27 of the Indian Evidence Act attributed to the petitioner are wrong, false and fabricated. The alleged recoveries have been made many days after the alleged occurrence. The petitioner earlier filed an application for releasing him on bail which has been rejected by learned Additional Sessions Judge, Nahan on 9.8.2007.

(3.) THE recovery of Namkeen, egg Bhurji was made from the spot. The deceased was lastly seen with the petitioner and on that basis the petitioner was interrogated. On his body scratches and injury on the hand was found which was stitched. The petitioner was arrested on 28.3.2007. The petitioner made disclosure statement and identified the place of occurrence and also got recovered one knife from his bath room which was blood stained. The petitioner made another disclosure statement and on that basis one half of Indian made foreign liquor, glass and motorcycle used for commission of offence were recovered. From the dickey of motorcycle he got recovered his own clothes which he was wearing at the time of occurrence and were blood stained. He also identified the place from where he purchased liquor, Namkeen etc. The other accused Yusuf Ali was arrested on 3.4.2007 and was released on bail by learned Additional Sessions Judge, Nahan. As per report of FSL, Junga, the blood found on the clothes of the petitioner and on recovered knife is of one group. The challan has been filed on 22.6.2007 in the Court.