UPINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioners namely Upinder Singh, S/o Sh. Gian Singh, Sanjay Kumar alias Sanju, S/o Gian Singh alias Shinda and Hanish, S/o Narinder Pal, who are in judicial custody since June, 2017, have approached this Court, by way of aforesaid petitions filed under Section 439 of Cr.PC, praying therein for grant of regular bail in case FIR No. 155/17 dated 12.6.2017, under Sections 323, 307, 302 IPC read with Section 34 IPC, registered at PS Sadar, Una, District Una, H.P.

(2.) Sequel to orders dated 19.3.2018 and 7.4.2018, ASI Mohd. Sitar, PS Sadar, Una, District Una, H.P., has come present along with records. Record perused and returned. Mr. Dinesh Thakur, learned Additional Advocate General, has also placed on record status report prepared on the basis of investigation carried out by the Investigating agency.

(3.) Close scrutiny of record/status report suggests that on 11.6.2017, at about 11:00pm, deceased Ravinder alias Mannu along with person namely Aman, was coming back to their village on motorcycle , after dropping their relative, who used to reside at Dhatial. Allegedly, when deceased and Aman reached at a place called Up-Swasthay Kendra, Katla Khurd, persons namely Sunil Kumar, S/o Balbir Singh, Deepa alias Nanak Chand S/o Balbir Singh, Sanjay Kumar, S/o Kashmir Singh and present bail petitioners, stopped the motorcycle being driven by Aman and started giving beatings to the deceased with Bamboo sticks picked up by them from the fencing of the adjoining house. Aman managed to flee from the spot sensing danger to his life and hided himself behind the bushes, from where, he informed his friend (patwari) with regard to the aforesaid incident. In the alleged incident, deceased Ravinder alias Mannu, suffered injuries, as a consequence of which, he was referred to PGI, Chandigarh, where he ultimately succumbed to injuries on 18.6.2017. On the basis of information received on 12.6.2017, from one Shri Gurdial Singh, father of the deceased, aforesaid FIR came to be lodged against the persons named herein above as well as the present petitioners and since then, they all are behind the bars. It may be noticed that in the aforesaid incident, persons namely Deepa and Sanjay also received injuries and they were also given medical treatment, however person namely Sunil, who was serving in Indian Army, was taken to the RH Jalandhar. As per record, Sunil after obtaining discharge from RH Jalandhar joined duties and subsequently, he was brought back to Una, and since then, he is also behind the bars.