VIRENDER SEHGAL Vs. STATE OF H P

JUDGEMENT

(1.) The instant petition has been filed by the bail/applicant/accused, under, Sec. 439 Cr. P.C., wherein he seeks indulgence, of his being ordered to be released from judicial custody, whereat he is extantly lodged, for, his allegedly committing offences, constituted under Sec. 302, read with Sec. 34 IPC, under FIR No. 165 of 2018, registered with Police Station, Solan.

(2.) The prosecution case, is, built upon a narrative, qua both the accused Virender Sehgal and Arun Kumar, along with the deceased victim, at about 5 p.m., on 11.6.2018, in proximity, to, the juice khokha of one Kuldip Kumar, @ Kalu, hence consuming liquor, and, thereafter, theirs proceeding elsewhere, and, subsequently, theirs rearriving in proximity, to the dhara of Kuldip Kumar. The level, of, inebriation, beset upon the afore accused, is, borne in a quantum of 173.03 mg percent in urine, and, 223.67 mg percent, in the blood, vis-à-vis, Arun Kumar, and, 171.99 mg percent in urine, and, 173.07 mg percent, vis-à-vis, blood of Virender Sehgal, (i) whereas the level of intoxication, of, the deceased victim, is borne, in, a quantum of 46.75 mg percent, (ii) apparently, hence the level of intoxication at the relevant time, of the afore accused, is higher than the level of intoxication, of the deceased/victim. The deceased victim, as unraveled by the report of the Doctor concerned, who conducted hence autopsy on his body, suffered head injuries. The prosecution ascribes, qua the afore injuries suffered by the deceased, being a sequel, as, embodied in the statement rendered under Sec. 161 Cr. P.C., by a purported ocular witness to the occurrence, one Kuldip Kumar, (iii) who, after being apprised by one Kalu about a scuffle, interse both the accused and deceased, had proceeded, to, the closest sightable proximity to the relevant site of occurrence, with a clear disclosure therein qua his noticing co-accused Arun Kumar, pushing the deceased/victim below the dunga.

(3.) The afore quantum of inebriation, of both the accused, quantum whereof, is higher than of the accused, and, with both the afore accused also suffering injuries, on their respective persons, does, at this stage, constrain this Court, to assign veracity to the prosecution case qua all the accused, hence indulging, in a suddenly erupted scuffle.