RAJESH ALIAS CHHOTU 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. 23 of 2017, dated 26.03.2017, under Sections 302 IPC and Section 25 of the Arms Act, registered at Police Station Rajgarh, District Sirmour, 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 may be released on bail.

(3.) Police report stands filed. As per the prosecution story, on the intervening night of 25-26.02017 deceased was brought to Civil Hospital, Rajgarh, and the police was informed. Police after visiting the hospital went to the house deceased and got recorded the statement of his wife, Smt. Nisha (complainant) , under Section 154 Cr.P.C. As per her statement, the petitioner started altercation with her husband and fired a bullet on him. Subsequently, the deceased was shifted to the hospital where he died. As per the statement of the complainant, the petitioner was not having his own gun and he was used to take gun from someone else. On the basis of the complaint, so made by the complainant a case was registered and the police investigation ensued. Photographs of the spot were taken and the spot map was prepared. Police also effected recoveries. The petitioner was arrested on 26.02017. The petitioner disclosed that the gun, which he used in committing the offence, is of his taya. As per the ballistic examination of the gun, the barrel of gun bears evidence of firing. On 22.06.2017 challan was presented in the learned Trial Court and now the case is fixed for 16.04.2018 for consideration on charge. Lastly, the prosecution has prayed that the bail application may be dismissed.