JASWINDER SINGH 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. 206 of 2018, dated 13.08.2018, under Section 452, 396, 307, 323, 324, 326, 212, 412, 201 and 120B IPC, registered in Police Station Nalagarh, District Solan, 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 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 him behind the bars for an unlimited period, so he be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 13.08.2018 police received telephonic information from CHC, Nalagarh, that some persons have been brought there for treatment, as they received injuries in a quarrel. So, a police team rushed to CHC, Nalagarh, and found injured Shri. Bhagat Ram Saini, Smt. Navjot Saini and Shri Gaurav Saini admitted there. Injured Shri Gaurav Saini got his statement recorded under Section 154 Cr.P.C. where he stated that his younger sister studies in NIIT, Hamirpur, and he used to live with his parents at home. His father used to run Shivalik Senior Secondary Public School, in their own residence. On 12.08.2018 when they were sleeping, at about 3/3:30 a.m., he heard the screams of his parents, so he woke up and saw 4- 5 persons, who have draped their faces with clothes, and they caught hold of him and pointed pistol at him. These persons tied him and muffled his his face with a piece of cloth. A person, who pointed pistol on him, kept on guarding him and rest of the persons started searched the room. They took his silver bracelet, gold chain and mobile phone. The complainant has further stated that these persons went to the room of his father and asked for money and when his parents asked as to why they are doing so, they injured them with sharp edged weapons and shouted 'tum media mein hamarey khilaaf jayada boltey ho' (you speak much against as in media) and ultimately managed to take his mobile phone, bracelet, gold chain and coins and other valuable articles. Thereafter, the complainant while sitting dragged himself and reached the upper floor and managed to wake up shri Kapil Thakur and Shri Tarsem, who work in their staff. Shri Kapil Thakur and Shri Tarsem untied him and then he divulged the occurrence to them. Thereafter, they went inside the rooms of his parents and saw his injured parents lying in a pool of blood. The parents of the complainant were rushed to CHC, Nalagarh and police were informed. As per the complainant, his mother was referred to PGI, Chandigarh, and his father was declared dead. Upon the statement of the complainant, police registered a case and the investigation ensued. Police visited the spot, prepared the spot map and clicked photographs. Postmortem was conducted on the dead body of the deceased and the dead body was sent to IGMC, Shimla, for expert forensic opinion and it was opined that the deceased died as a result of gross hemorrhagic shock as a result of multiple gross injuries to head. A forensic team visited the spot to collect scientific samples. Forensic team collected numerous scientific evidence. Police recorded the statements of the witnesses and recovered some valuable articles, including cash from the room of the deceased. During the course of investigation, the CCTV footage of the CCTV camera installed on the first floor of school building revealed that on 13.08.2018, at about 01:40 a.m., the accused persons reached there, through scooty, and at about 02:15 a.m. they cut open the lock of the gate. At about 05:02 a.m. three accused persons were spotted going out with the goods and at about 05:15 a.m. rest of the two accused persons were seen going out. Police also analyzed the dump data of Airtel company and found that both the teams of the accused persons were in contact with each other. Police managed to zero down the mobile numbers which were active at the relevant time there and through them calls were made or received.