ARUN KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant petition has been filed by the bail/applicant/accused, under, Sec. 439 Cr. P.C., wherethrough he seeks indulgence, of his being ordered to be released from judicial custody, whereat, he stands extantly lodged, for, his allegedly committing offences, constituted under Sec. 302 IPC, read with Sec. 34 IPC, borne in case FIR No. 165 of 2018, of, 15.6.2018, registered with Police Station, Sadar Solan.

(2.) Previously, the bail-applicant, filed a bail application before this Court, constituted under the provisions of Sec. 439 of Crimial P.C. However, the afore application, on a request made by the learned counsel, for the bail-applicant, was, permitted to be withdrawn. However, subsequent thereto, a report under Sec. 173 Cr. P.C., is, stated to be filed, before the learned Committal Magistrate, hence, the afore fact does constitute, the relevant, changed circumstance, since, the afore order being made, by this Court, and the casting of the instant motion, before this Court.

(3.) The deceased, one Babu Ram, is disclosed, in the post-mortem report, to beget his end, in consequence to a head injury, hence suffered by him, in sequel to his being pushed, from the edge of the road, hence, below a dunga, holding a depth of 5 feet. The afore falling of the deceased, below a dunga, existing on the edge of the road, and, its holding a depth of 5 feet, is, attributed to the bail-applicant, alongwith, co-accused, upon hence being engaged in a scuffle, with the deceased, and, with theirs being heavily inebriated, and, prima-facie, with both the accused, sharing a joint intention, thereupon theirs' making the relevant incriminatory fatal push.