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2014 DIGILAW 340 (HP)

Govind v. State of H. P.

2014-04-03

DHARAM CHAND CHAUDHARY

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JUDGMENT Dharam Chand Chaudhary, J. (oral). The petitioner is an accused in FIR No.16 of 2014, registered against him under Section 364 of Indian Penal Code in police Station Ani, District Kullu with the allegations that on 13.2.2014, there was Fagli fare at Banjar. Deceased Rajinder Kumar travelled to Banjar along with Lochan Singh and Puran Chand in vehicle No. HP-35-2216. The accused-petitioner and one Bhagat Ram met them on Durah and they also joined their company there. All five had drinks at Durah. Accused petitioner and Bhagat Ram were allegedly occuping another vehicle bearing registration No. HP 35-2634, whereas deceased along with Lochan Singh and Puran Chand was occupying another vehicle bearing No.HP 35-2216. It is Lochan Singh, who was on its wheel. Ahead of the vehicle occupied by the deceased and others, vehicle bearing No. HP 35-2634 was being driven by accused Govind. Deceased Rajinder alighted from the car of Lochan Singh at Petrol Pump, Bithal and boarded the vehicle being driven by the accused-petitioner. The accused allegedly stopped the vehicle at a place Kot Nulla three kilometers ahead from Luhri. He along with deceased Rajinder Kumar came out of the vehicle. Rajinder did not reach Banjar or his house during that night. This has led in registration of missing report in Police Station Luhri on 15.2.2014 at the instance of his father Santosh Kumar. 2. Initially, only a case of rash and negligent driving was registered under Sections 279 and 304-A IPC, however, on suspicion the case was converted into under Section 364 IPC. The accused-petitioner allegedly confessed during the investigation that on Kot Nulla, he stopped the vehicle, parked the same in neutral gear, and came out to answer call of nature and then he pushed the vehicle into river Satluj along with deceased Rajinder Kumar. The accused-petitioner was arrested and taken into custody on 20th February, 2014. Presently he is in judicial custody. 3. The accused-petitioner was arrested and taken into custody on 20th February, 2014. Presently he is in judicial custody. 3. Having gone through the record and the submissions made on both sides, in view of there being no direct evidence qua involvement of the accused-petitioner in the commission of the alleged offence and the investigating agency seems to have acted upon only on the so called confessional statement the accused-petitioner allegedly made during the course of investigation, which part of the prosecution case has yet to stand the test of judicial scrutiny coupled with the factum of the accused-petitioner is local resident of District Kullu and no more required for the purpose of interrogation, I find the present a fit case where further detention of the accused-petitioner in judicial custody is unwarranted. It is also pertinent to note that the accused-petitioner and deceased along with other three associates had consumed alcohol. Therefore, without expressing any opinion on merits of the case, I am of the view that the incident has not taken place in the manner as has been claimed by the investigating agency. 4. The car and dead body of the deceased, no doubt, were recovered from river Satluj, however, it cannot be said at this stage, that the car was pushed away into river Satluj by the accused-petitioner alone and that the same did not roll in the river on account of its accident. This petition, therefore, succeeds and the same is accordingly allowed. This petition, therefore, succeeds and the same is accordingly allowed. It is ordered that the accused-petitioner, who has been arrested in connection with FIR No.16/14, Police Station, Ani, District Kullu and presently confined in judicial custody, shall be released on bail, subject to his furnishing personal bond in the sum of `50,000/- with one surety in the like amount to the satisfaction of learned Judicial Magistrate 1st Class, Rampur, and shall further abide by the following conditions:- That he; a. shall regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application; b. shall not tamper with the prosecution evidence nor make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or the Investigating Officer; c. shall not leave the territory of India without the prior permission of the Court. 5. It is clarified that if the petitioner misuses his liberty or violates any of the conditions imposed upon him; the Investigating Agency shall be free to move this Court for cancellation of the bail. 6. The observations hereinabove shall remain confined to the disposal of this petition and have no bearing on the merits of the case. The application stands disposed of.