VIJAY KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely Vijay Kumar, who is behind the bars since 14.9.2018, has approached this court in the instant proceedings filed under S.439 CrPC, for grant of regular bail in FIR No. 202 of 2018, dated 14.9.2018, under Ss. 279, 337, 338 and 304AA IPC and Ss. 181 and 187 of the Motor Vehicles Act, registered at Police Station, Amb, District Una, Himachal Pradesh.

(2.) Sequel to order dated 8.1.2019, HC Harjeet Singh No. 89 has come present with the record. Mr. Dinesh Thakur, learned Additional Advocate General has also placed on record status report, prepared on the basis of investigation carried out by the investigating agency. Record perused and returned.

(3.) Close scrutiny of the record/status report reveals that on 14.9.2018, complainant, Kewal Krishan Paul, got his statement recorded under S.154 CrPC, alleging therein that on 14.9.2018, when he was on his way to Amb, District Una, Himachal Pradesh, for attending a court case, a Truck bearing registration No. HR-55M-1662, being driven by the present bail petitioner, hit a motor-cycle bearing registration No. HP19D-6399, as a consequence of which, two persons riding the motor-cycle, referred to herein above, suffered grievous injuries. Complainant further stated that one person namely Shiv Kumar succumbed to his injuries on the spot, whereas, another injured, Gaurav suffered multiple injuries. Complainant further alleged that the bail petitioner did not stop at the spot and he was subsequently apprehended by the local people at a place known as Bhanjal. On the basis of aforesaid complaint, FIR detailed herein above, came to be lodged against the bail petitioner under Ss.279, 337, 338 and 304AA IPC and Ss. 181 and 187 of the Motor Vehicles Act at Police Station, Amb, District Una, Himachal Pradesh, and since then, the bail petitioner is behind the bars. After apprehending the bail petitioner, who at the relevant time was driving the offending vehicle, bearing registration No. HR-55M1662, police took him to Civil Hospital, Amb, for medical examination. The Medical Officer, found smell of alcohol in the breath of the bail petitioner and as such, measured the quantity of the alcohol by way of Alco-Sensor test. As per aforesaid test, 91.8 mg alcohol was found in the breath of the bail petitioner at the time of alleged incident. On the basis of aforesaid report given by the Medical Officer, Civil Hospital, Amb, Police deleted S.304A and incorporated S.304AA IPC.