LAWS(HPH)-2019-3-91

ANOOP KUMAR Vs. STATE OF HIMACHAL PRADESH

Decided On March 20, 2019
ANOOP KUMAR Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) The present bail applications have been maintained by the petitioners under Sec. 439 of the Code of Criminal Procedure seeking their release in case FIR No. 28 of 2017, dtd. 9/4/2017, under Ss. 302, 120B, 201 read with Sec. 34 IPC and Ss. 181, 192, 196 of MV Act, registered in Police Station Dalhousie, District Chamba, 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 residents of the place, 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 be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 30/3/2017 Shri Nand Lal (complainant), who is brother of Shri Gopal (the deceased), lodged a missing report of the deceased with the police. However, the deceased could not be traced.