MANISH ALIAS MANU Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record. I have gone through the papers placed before me, specially the First Information Report lodged and the Post-mortem report. I have also gone through the order rejecting the bail which is in great details. The learned Sessions Judge, Kota though considered the arguments in details, but in my opinion, has failed to look into the law properly. For bringing the case within ambit of any section of the Indian Penal Code it is essential that the ingredients required are satisfied. In Sec. 304 Indian Penal Code there should be offence of culpable homicide not amounting to murder and, therefore, death has to be proved homicidal, i.e. there must be positive evidence to exclude accidental or natural or suicidal death. Similarly for bringing the case within the ambit of Sec. 201 Indian Penal Code it is essential that there should be evidence of causing the disappearance of the evidence. Placing drunk person outside the hospital and leaving him on the mercy of the God in gravest circumstances may be cruel or inhuman act, but certainly not causing the disappearances of evidence. The evidence quoted by the learned Sessions Judge at best is that he was made to drink heavily and thereafter he lost senses. Be that as it may, by itself, it may amount to any other offence but prima facie neither Sec. 304 nor Sec. 201 Indian Penal Code. And others is that even the petitioner, son of the accused Prem Narain, a 15 years old boy has been implicated as an accused in the case. I consider this case to be fit for grant of anticipatory bail to the petitioner.

(2.) The S.H.O./Arresting Officer/I.O., police station Kunhadi in F.I.R. No. 84/93 is therefore, directed that in the event of arrest of the accused-petitioner Manish alias Manu son of Prem Narain shall be released on bail, provided he furnishes a personal bond in the sum of Rs. 2000.00 together with one surety in the like amount to his satisfaction, on the following conditions -