KAMAL JEET Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been moved by the petitioner under Section 438 of the Code of Criminal Procedure for releasing him on bail, in the event of his arrest, in case FIR No. 10 of 2019, dated 31.01.2019, under Section 279, 337, 338 and 304AA IPC, registered in Police Station Kumarsain, District Shimla, 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 31.01.2019 police of Police Post Sainj received a written complaint with respect to an accident, which occurred on 31.01.2019, at about 12:30 a.m., so the police personnel went to place known as Vithal Gondhna link road. Police found that vehicle, having registration No. HP09B-1029 (Tata Tiago), met with an accident and was hanging between the stay wires of electric pole. A person was found standing near the spot of accident and he divulged his name as Mohan Lal and a person was found unconscious on the rear passenger seat of the vehicle. Police lifted the unconscious person and he was found dead. Police was informed by Mohan Lal that the vehicle was being driven by Kamal Jeet (petitioner herein), but the petitioner was not found there. So, the police and local people shouted and called the petitioner towards the gorge and they heard the noise of some person. Police found the petitioner sitting 100 meters down in the gorge and he was injured. So, the petitioner was shifted to MGMSC, Khareri and the deceased was shifted to CH, Kumarsain. It has come in the police investigation that the petitioner, injured and deceased were the employees of Forest Department and they were going for conducting a raid on illegal mining mafia. Police registered a case against the petitioner and investigation ensued. Police prepared the spot map and also clicked photographs. Postmortem was conducted on the corpse of the deceased and the dead body was handed over to his family members. Police got conducted the mechanical inspection of the vehicle and no fault was found. The vehicle in question was seized and subsequently released. Police also lifted scientific evidence. The petitioner was medically examined and report of his blood sample revealed that the petitioner was heavily inebriated. Blood samples of injured and deceased were taken and it was unearthed that they were also drunk. The petitioner joined the investigation and he divulged that at the time of the accident the vehicle was being driven by Mohan Lal (injured). Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner, through his rash and negligent driven, caused an accident and the deceased lost his life in it. The dismissal of the application has been prayed on the premise that in case the petitioner is released on bail, he may tamper with the prosecution evidence and may also flee from justice.