SHUKRU LUGUN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail applications have been maintained by the petitioners under Sec. 439 of the Code of Criminal Procedure Whether reporters of Local Papers may be allowed to see the judgment seeking their release in case FIR No. 01 of 2019, dtd. 18/2/2019, under Ss. 341, 323, 325 and 307 read with Sec. 34 IPC, registered in Police Station, Bagga, District Solan, H.P.

(2.) As per the averments made in the petitions, the petitioners are innocent and have been falsely implicated in the present case. They are neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by keeping them behind the bars for an unlimited period, so they may be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 18/2/2019, at about 12:49 a.m. Security Head UTCL telephonically informed the police that one Rajkumar (injured), who works in the Packaging Plant, has been thrashed and taken to hospital. He has further informed that the injured has now been referred and taken to IGMC, Shimla. Acting upon the information, police visited the hospital, but the injured was not unfit to give statement. The Medical Officer opined that the injury sustained by the injured on his head is life threatening. When the injured was recuperating and fit, his statement under Sec. 154 Cr.P.C. was recorded. As per his statement, he is employed as Fitter in UTCL Company and on 17/2/2019, at about 11 p.m., the petitioners were inebriated and making noise. Thereafter, when he told the petitioners not to make noise, the petitioners attacked him with stick. He has further stated that with stick he was given blows on his head and he fell unconscious. He was rushed to the hospital and then referred for treatment to IGMC, Shimla. On the statement of the injured, police initiated investigation. Medico Legal Certificate of the injured was procured and police registered as case against the petitioners. Police prepared the spot map and also recorded the statements of the witnesses. The petitioner confessed that on 17/2/2019 they picked up quarrel with the injured and during the course of investigation it was unearthed that petitioner Etwa Mundu gave a stick blow on the head of the injured. The petitioners got recovered a stick. Police obtained medical opinion and as per the same injury mentioned in MLC can be caused by danda, which was shown to M.O. and it was also opined that injury was grievous in nature because there was fracture of temporal bone with EDH. As per the further medical opinion injury was grievous in nature and dangerous to life. Police presented the challan in the learned Trial Court on 20/4/2019. Lastly, it is prayed that the bail applications of the petitioners be dismissed as the petitioners were found involved in a serious offence and in case they are enlarged on bail, they may tamper with the prosecution evidence and may also flee from justice. Therefore, the bail applications of the petitioners may be dismissed.