HANS RAJ 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. 301 of 2017, dated 27.11.2017, under Sections 302, 341, 323, 325, 147 and 149 of Indian Penal Code, registered in Police Station Kangra, District Kangra, 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 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, police recorded the statement of Shri Vijay Kumar (injured) under Section 154 Cr.P.C. As per his statement, on 27.11.2017, at about 09:30 p.m., when he was returning home with his father, Shri Om Prakash, behind their house hans Raj (petitioner herein), Amit Kumar, Vijay Kumar, Veena Devi and Kamla Devi were quarreling and they were using abusive language. When the father of the complainant objected, the above said persons started beating them. The petitioner gave a stick blow on the head of the father of the complainant and he fell down. The complainant also sustained injuries and on hearing their screams, his brothers came on the spot, but they were also given beatings. On the complaint, so made by the complainant, police registered a case and the investigation ensued. Police photographed the spot. Police made the relevant recoveries. The injured persons were medically examined. Injured, Shri Om Prakash (father of the complainant) was taken Neuro Surgeon, Vivekanand Medical Institute, Palampur and as per his opinion injury sustained by him was dangerous to life and he was not found to be fit for giving statement. The petitioner and the other co-accused were arrested and they were enlarged on bail by the learned Trial Court. Treatment summary qua injured Shri Om Prakash was obtained and as per the final opinion, which was based upon Neurosurgery report, injury sustained by him was dangerous to life. Injured Om Prakash remained unconscious till 12.10.2018, on which date he died. As per the medical opinion the deceased died due to septic shock due to head injury. On 28.12.2018 the petitioner was arrested and he is in custody. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was involved in a serious offence and in case he is released on bail, he may tamper with the prosecution evidence and may also flee from justice.