NIKHIL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application, under Section 439 of the Code of Criminal Procedure, is maintained by the petitioner for releasing him on bail, in case F.I.R. No. 68 of 2016, dated 27.06.2016, under Sections 302, 307, 147, 148 and 149 of the Indian Penal Code and Section 25-54-59 of the Arms Act, registered at Police Station Dharampur, District Solan, H.P.

(2.) As per the petitioner, he was not at all involved in the offence and he, being innocent, has been falsely implicated in the present case. The petitioner has further averred that on 26.06.2016, he alongwith his family members came to Dharamshala and Shimla. At about 4:30-5:00 p.m., while en-route back to their homes, when they stopped at Urban Dhaba at Sanawara for taking refreshment, they had an altercation with the service boy and nephew of the deceased qua the quality of the food and suddenly, the deceased, with an intention to kill, fired a gun shot upon them and he also sustained injury in the said occurrence. As per the petitioner, he is young man, having newly wedded wife and as he is in judicial custody for last more than one year and nine months, he may be released on bail.

(3.) Police report stands filed. As per the prosecution, on 26.06.2016 complainant Taran Jeet Kaur, got her statement recorded with the Police, under Section 154 Cr.P.C. in PGI Chandigarh, wherein she has stated that her husband, Paramjeet Singh (deceased) was running a leased dhaba at Lower Sanawara, Solan and nephew of her husband, Hansdeep Singh was also looking after the work in the dhaba. On 26.06.2016, around 5:00 p.m., a group of 10-15 people stopped at their dhaba and ordered bread toast, maggie etc., however an altercation over the quality of food, took place between the complainant party and the people of the group. During the said altercation a boy from the group fired shots from the pistol and husband of the complainant received bullet shot injuries. Thereafter, the aforesaid group ran away in a tempo traveler. The husband of the complainant was declared dead at CHC, Dharampur and Hansdeep Singh, who also sustained gun shot injuires on his chest, was referred to PGI, Chandigarh. The complainant in her complaint alleged that the people of the aforesaid group murdered her husband and appropriate action be taken against them. Accordingly, an FIR, under the aforesaid Sections was registered against the accused persons and on 27.06.2016, at 6:15 p.m. they were arrested from Parwanoo.