RAMESH SHARMA 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.225/2007 dated 20.10.2007 under Section 302 I.P.C., registered at Police Station, West, Shimla.

(2.) ON 5.12.2007, notice was issued and learned Additional Advocate General has filed the status report. Heard and perused the record. The learned counsel for the petitioner has submitted that police has concocted a story and falsely implicated the petitioner in the case. There is no worth believing legal evidence on record to show that the petitioner is connected with the commission of offence. There is delay in lodging the F.I.R. The petitioner is not likely to tamper with the prosecution evidence. The petitioner earlier filed bail application which was rejected by learned Additional Sessions Judge, Shimla on 28.11.2007. The learned counsel for the petitioner has prayed for granting bail to the petitioner. The learned Additional Advocate General has opposed the bail application. He has submitted that the petitioner is involved in a serious case under Section 302 I.P.C. During investigation of the case, the involvement of the petitioner has been established. He has further submitted that the investigation in the case is in progress to find out who others were with the petitioner for carrying the dead body of the deceased. In case the petitioner is released on bail, he will hamper the investigation and will also terrorize the prosecution witnesses.

(3.) THE deceased and the accused were last seen together on 12/13.10.2007. It has come in investigation that thereafter they had some quarrel. On the disclosure statement of accused, hook, strip of belt and belt have been recovered and from the cow shed of the accused bag and other articles of deceased Sher Singh were also recovered and accused handed over mobile phone of deceased Sher Singh from his bed room. Prima facie it has come in investigation that deceased was with the accused before be was found missing. The investigation in the case is still in progress. Looking into the facts and circumstances of the case, the petitioner is not entitled to bail at this stage. The possibility cannot be ruled out in case the petitioner is released on bail, then he will influence the witnesses connected with the case. The allegations against the petitioner are serious. Accordingly, the application is dismissed.