SHIV KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No. 27 of 2017, dated 05.04.2017, under Sections 302, 382, 201 and 120B IPC, registered at Police Station Bhabanagar, District Kinnaur, H.P.

(2.) As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, so he be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 05.04.2017, police found a dead body in Sabzi Mandi, Tapri. Police recorded the statement of HC Deepak Kumar, wherein he stated that on 05.04.2017, at about 01:00 a.m., police personnel were on patrol duty. They informed in the Police Station that a dead body of person is found in Sabzi Mandi. Subsequently, police visited the spot and found a dead body lying near truck bearing registration No. HP-26-0439 and pickup No. HP-26A-9595. The dead body was having strangulation marks. From the place of occurrence a bag, mobile phone, ball pen, specs, torch and a lock was found. From the bag Adhaar card was recovered, which was of one Sukhdev. Two driving licences were also recovered. Police also found two ATM cards and some passport size photographs. The truck had its window open and on checking of the documents of the truck driving licence of the deceased was found with documents of the truck. On the basis of the statement, so made by HC Deepak Kumar and investigation conducted on the spot, a case came to be registered and investigation ensued. The spot was photographed and videographed. Police conducted thorough investigation of the case and as per the police the co-accused traveled to Tapri in the vehicle of the petitioner, bearing registration No. HP-25A-3076. The deceased had parked his truck at place Ghanvi. Accused Sukh Dev knew that when the deceased goes to supply goods on behalf of his owner, he carries cash with him, which is paid to him by the consignees. The investigation further unearthed that accused Sukh Dev is co-villager of the petitioner, but accused Sukh Dev subsequently shifted to Ganvi. On 04.04.2017, accused Sukh Dev telephonically called the bail petitioner and they remained in contact from 05.45 p.m. till 08:19 p.m. and in the meanwhile ten calls were made by accused Sukh Dev to the petitioner. Later on, the petitioner drove his vehicle to Ganvi and from there he took his co-accused Sukh Dev and Ajay Kumar to Tapri. As per the prosecution story, they arrived at Tapri at about 10:30/10:45 p.m. Soon thereafter, they went to Sabzi Mandi Tapri and woke up the deceased. Accused Sukh Dev and Ajay Kumar strangulated the deceased with a rope. They took some currency notes from the truck and fled towards JSW Hospital. Afterwards, accused Sukh Dev made a telephonic call to the petitioner asking him to pick up from JSW Hospital. The petitioner, in order to conceal his movement, took a longer route to reach JSW Hospital and he after picking up the accused persons dropped them. The petitioner thereafter also remained in touch with accused Sukh Dev in between 03:57 to 04:24 a.m. CCTV footage clearly showed the movement of the petitioner and call details also show his involvement in the alleged offence. Police completed all the investigation an arrested the accused persons and the petitioner. Recoveries were effected, spot map was prepared and the statements of the witnesses were recorded. As per the medical report, the deceased died as a result of ligature strangulation (homicidal in nature) . Challan stands presented in the learned Trial Court and the case is listed for prosecution evidence on 21.05.2018. Lastly, the prosecution has prayed that the bail application be dismissed, as the petitioner, if released on bail, can tamper with the prosecution evidence.