Research › Search › Judgment

Himachal Pradesh High Court · body

2022 DIGILAW 734 (HP)

Parul Thakur v. State of Himachal Pradesh

2022-11-22

SATYEN VAIDYA

body2022
JUDGMENT : Satyen Vaidya, J. The petitioner is an accused in case FIR No. 48 of 2022 dated 13.5.2022 under Sections 302, 201, 297 and 34 of the Indian Penal Code, registered at Police Station, Dharampur, District Mandi, H.P. 2. The brief facts necessary for adjudication of the petition are that since 26.4.2022, a boy namely Dheeraj Thakur was missing and to that effect, a missing report was recorded by the police on 30.4.2022 at the instance of mother of said Dheeraj Thakur. It was reported in the missing report that the son of the informant was an addict and she had come to know that accused Parul Thakur was also habitual of using ‘Chitta’. The police was also informed that on the night of 26.4.2022, Dhreeraj Thakur had stayed in the house of Parul Thakur. 3. Later, it was found that Dheeraj Thakur had died in the house of Parul Thakur on the intervening night of 26/27.4.2022, after consuming the drug ‘Chitta’. The case was registered and investigation carried. As per investigation report, after death of Dheeraj Thakur during intervening night of 26/27.4.2022, accused Parul Thakur with the help and aid of another accused Vikrant Guleria disposed the body of Dheeraj Thakur in ‘Vakkar Khad’. 4. It is alleged against the petitioner that deceased Dheeraj Thakur had died in the house of petitioner during the intervening night of 26/27.04.2022. Petitioner without informing the parents of deceased or the police, had disposed of the body with the help and aid of another co-accused named Vikrant Guleria. 5. Petitioner has sought bail on the ground that he has been falsely implicated. The death of deceased Dheeraj Thakur had taken place on account of excess dose of drug “amphetamine”. As per petitioner, from the post-mortem conducted on the body of deceased, no other cause of death has been found. It is further submitted that petitioner is permanent resident of Village Jhadiyar, P.O. Kango Ka Gehra, Tehsil Dharampur, District Mandi, H.P. He is of young age and his prolonged incarceration will be an impediment in his career prospects. He has undertaken to abide by all the terms and conditions imposed against him. 6. I have heard learned counsel for the parties and have also gone through the records of the case carefully. 7. He has undertaken to abide by all the terms and conditions imposed against him. 6. I have heard learned counsel for the parties and have also gone through the records of the case carefully. 7. From the status report filed by the respondent, it is evident that the cause of death of deceased Dheeraj Thakur has been opined the excessive intake of drug “amphetamine”. It is also inferable from the status report that the deceased and petitioner had visited Hoshiarpur in Punjab to bring heroin for their use. On 26.4.2022, it was after their return from Hoshiarpur that the deceased had stayed with the petitioner. It is also not in dispute that both were friends and were addict to using drugs. The above observations have been made only to assess the seriousness and gravity of the allegations against the petitioner. 8. The conduct of the petitioner in disposing of the body of deceased without disclosing the facts to his parents or to the authorities, casts doubt, but the allegations are to be proved during trial. There is no direct evidence that the dose of drug was forcibly given to the deceased against his wish. 9. Keeping in view the facts and circumstances of the case especially the age of the petitioner, no fruitful purpose shall be served by prolonging his incarceration till the conclusion of trial. The investigation is complete and challan has been presented. It is not apprehended by the respondent that the petitioner has potential to tamper with the prosecution evidence. Even otherwise pre-trial incarceration is not the rule. 10. Petitioner is permanent resident of Village Jhadiyar, P.O. Kango-K-Gehra, Tehsil Dharampur, District Mandi, H.P. Appropriate conditions can be imposed to secure the free and expeditious trial. There is no apprehension of petitioner fleeing from the course of justice. 11. In view of peculiar facts and circumstances of the case, petition is allowed and the petitioner is ordered to be released on bail in case FIR No. 48 of 2022 dated 13.5.2022 under Sections 302, 201, 297 and 34 of IPC, registered at Police Station, Dharampur, District Mandi, H.P. on his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One lac) with one surety in the like amount to the satisfaction of the learned trial Court. This order, however, shall be subject to following conditions:- (i) That the petitioner shall make himself available during the entire trial of the case. (ii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police. (iii) That the petitioner shall not leave India without the prior permission of the Court. 12. Any observation made herein above shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made herein above.