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2025 DIGILAW 449 (HP)

Aakash Chauhan v. State of H. P.

2025-03-22

VIRENDER SINGH

body2025
JUDGMENT : Virender Singh, J. The applicant has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘the B.N.S.S.’) in case FIR No. 31 of 2024, dated 5.7.2024, under Sections 105, 238, 239 and 3(5) of the Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the BNS”) registered with Police Station, Jubbal, District Shimla, H.P. 2. According to the applicant, he has been falsely implicated in the present case, as nothing has been found in the investigation, connecting him, with the crime in question. 3. Applicant has further pleaded that he has tried his luck by filing the bail application before the learned Additional Sessions Judge, Rohru, which was dismissed, on 29.10.2024. Thereafter, he has moved Cr.MP(M) No. 62 of 2015, before this Court, which was dismissed as withdrawn on 9.1.2025. 4. The applicant, through his counsel, has given certain undertakings, for which, he is ready to abide by, in case, ordered to be released on bail. 5. On all these submissions, Mr. Nitin Thakur, learned counsel appearing for the applicant, has prayed that the bail application may kindly be allowed. 6. When, put to notice, Police has filed the status report, disclosing therein that on 3.7.2024, at about 8:55 a.m., one Rajesh Kumar, Manager, Azad Workshop Prahat Pul, telephonically informed the police of Police Post, Saraswati Nagar that a person is lying dead near Prahat Pul, upon which, ASI Jyoti Kumar, Incharge Police Chowki, Saraswati Nagar, reached there. On the spot, Up-Pradhan, Gram Panchayat, Saraswati Nagar and other local persons were also present. SDPO, Rohru also reached at the spot. Photography of the spot was done and dead body was minutely inspected. 6.1 The dead body was identified as of one Rahul Kulla, S/o Madan Lal, R/o Bhatwari, P.O. Kaloti, Tehsil Chirgaon, District Shimla, H.P. The uncle of deceased, Anil Kumar and Narender Kumar were also present on the spot. Their statements were recorded. No sign of external injury was found on the dead body. Thereafter, dead body was sent for post-mortem examination to Civil Hospital, Jubbal and after conducting the post-mortem, the dead body was handed over to the family members for performing the last rites. 6.2 During investigation, it was found that deceased Rahul Kulla was addicted to drugs, and without disclosing to his parents, he used to leave the house. Thereafter, dead body was sent for post-mortem examination to Civil Hospital, Jubbal and after conducting the post-mortem, the dead body was handed over to the family members for performing the last rites. 6.2 During investigation, it was found that deceased Rahul Kulla was addicted to drugs, and without disclosing to his parents, he used to leave the house. From the last three months, he was also stated to be out of house. However, 7-8 days prior to the incident, he is stated to have returned back and stayed there for 3-4 days. Thereafter, he again left the house. Proceedings under Section 194 BNSS were conducted by ASI Jyoti Kumar. 6.3 Family members of deceased Rahul Kulla raised suspicion of his death, upon which, SDPO, Rohru had constituted a Special Investigating Team. 6.4 Mobile phone of deceased Rahul Kulla was found in the broken condition, at the spot, which was taken into possession. Thereafter, service provider was requested to provide the CDR of Rahul Kulla, bearing mobile No. 7807954197. CCTV footage of camera installed at Hatkoti Kenchi, was checked. 6.5 On 5.7.2024, uncle of deceased Rahul Kulla made a complaint before the Police, disclosing therein that they are three brothers. Elder brother Madan Lal (father of deceased Rahul Kulla) is stated to have expired. They are stated to be residing jointly. Deceased Rahul Kulla, during his lifetime, is stated to be driving the vehicle. On 30.6.2024, deceased Rahul Kulla is stated to have left the house, on the pretext that he is going out with his friend in pick-up. On 3.7.2024, they came to know about the death of Rahul Kulla. His body was identified. A syringe was also found in the right hand of Rahul Kulla. On the day, when the complaint was made, the complainant came to know about the fact that on 30.6.2024, his nephew had gone to Dehradun in the pick-up of Aakash (applicant), R/o Village Andhra, alongwith Prince Deshta. 6.6 As per the complainant, on 4.7.2025, when he inquired from Aakash Chauhan (applicant) about Rahul Kulla, he could not give any satisfactory answer and tried to put off the matter, on one pretext or the other. On 3.7.2025, when, the complainant had seen the dead body of his nephew, then, he found that the dead body was lying at a place, where no one could voluntarily go. His mobile phone was also not found. On 3.7.2025, when, the complainant had seen the dead body of his nephew, then, he found that the dead body was lying at a place, where no one could voluntarily go. His mobile phone was also not found. As such, he had developed suspicion that some mishap had happened with his nephew (deceased). According to the complainant, Amit Khangta, Aakash Chauhan (applicant) and Prince Deshta are concealing the factual position regarding death of Rahul (deceased). 6.7 On the basis of above facts, the Police registered the FIR in question. All the three persons were associated in the investigation. During investigation, Prince Deshta disclosed that on 29.6.2024, Aakash Chauhan (applicant) had driven the vehicle of Prince Deshta, bearing HP770276 XUV 300 towards Shimla. On 30.6.2024, Prince is stated to have driven the vehicle of Aakash Chauhan (applicant) alongwith deceased Rahul, for transporting the apple boxes to Rishikesh. On 1.7.2024, while coming back from Rishikesh, deceased Rahul and Prince had consumed some intoxicating pills. Thereafter, the said pick-up dashed against the parapet. However, the aforesaid persons had not sustained injuries. 6.8 Thereafter, on the same night, Rahul Kulla took lift in the vehicle of Praveen, R/o Chirgaon, whereas, Prince kept slept in the pick-up only. Deceased Rahul Kulla is stated to have alighted down from the vehicle, on the pretext that his friends Amit Chauhan and Aakash Chauhan had come to Hatkoti with the vehicle of Prince. 6.7 On inquiry, Aakash Chauhan (applicant) had disclosed that he and Amit Chauhan reached Hatkoti from Shimla, at about 11:00 p.m., in the intervening night of 1-2/7/2024. At about 2:00 a.m. (midnight), deceased Rahul came to them, under the influence of some psychotropic substance. Amit Chauhan is stated to have brought Chitta from Chandigarh. Amit Chauhan, Aakash Chauhan (applicant) and deceased Rahul are stated to have consumed Chitta, in the vehicle. Thereafter, Rahul Kulla was given syringe to inject the drugs in his body, upon which, he became unconscious. 6.8 Thereafter, they had gone to Rohru and dropped Amit Chauhan near his residence. Aakash Chauhan (applicant) remained sleeping in the vehicle, whereas, there was no movement in the body of Rahul. On 2.7.2024, when, Aakash Chauhan (applicant) woke up, he tried to wake Rahul up, but there was no movement in his body. Thereafter, Prince Deshta contacted Aakash Chauhan (applicant), upon which, he disclosed to Prince about Rahul. Aakash Chauhan (applicant) remained sleeping in the vehicle, whereas, there was no movement in the body of Rahul. On 2.7.2024, when, Aakash Chauhan (applicant) woke up, he tried to wake Rahul up, but there was no movement in his body. Thereafter, Prince Deshta contacted Aakash Chauhan (applicant), upon which, he disclosed to Prince about Rahul. 6.9 Thereafter, Aakash Chauhan (applicant) moved towards Tiuni in his vehicle, where, Prince met him near Snail,. They also called Amit to Snail. Thereafter, all of them took the dead body of Rahul Kulla to Hatkoti, in order to hide the same. However, they could not find the suitable place for the same, as such, they came back to Hatkoti and thrown the dead body at Prahat Pul. In order to hide the factual position about the death of Rahul Kulla, Amit Chauhan and Aakash Chauhan injected the syringe on his arm, so that no one could suspect the death of Rahul. 6.10. The Doctor has given final opinion, on the MLC of deceased Rahul Kulla, which is reproduced as under: “In my final opinion, the cause of death in this case is drug overdose leading to cardiac-pulmonary arrest leadig to death.” 6.11 On the MLC of Aakash Chauhan, the Doctor has given the final opinion, which is reproduced as under: “As per SFSL report, Benzodiazepine (Nitrazepam) was detected in the blood sample of Akash Chauhan.” 6.12 On the MLC of Prince Deshta, the Doctor has opined as under: “As per SFSL Report , THC (Tetrahydrocannabinol) was detected in the blood sample of Price Desta.” 6.13 On the MLC of Amit Chauhan, the Doctor has given his final opinion, which is reproduced as under: “ON the basis of SFSL Report No. 2558 SFSL Chem. (1215) 2024 Date 13.8.24, Benzodizepine (Nitrazepam) and THC (Tetrahydrocannabiol) were detected in the contents of parcle P/3 i.e. blood of Amit Chauhan. Ethyl alcohol was detected in the contents of parcel P/3 and quantity of the same is 14.82 mg/dl (MOU+-2.25).” 7. Investigation in the present case is complete and charge sheet has been filed, upon which, the competent Court of law has taken congnizance. Charges are stated to have been framed. Two prosecution witnesses are also stated to have been examined and now, the case is stated to have been fixed for PWs, for 3.4.2025 to 5.4.2025. 8. Investigation in the present case is complete and charge sheet has been filed, upon which, the competent Court of law has taken congnizance. Charges are stated to have been framed. Two prosecution witnesses are also stated to have been examined and now, the case is stated to have been fixed for PWs, for 3.4.2025 to 5.4.2025. 8. Considering the report of the Medical Officer, regarding the cause of death of deceased Rahul Kulla, and the fact that investigation, in the present case, is complete, this Court is of the view that no useful purpose would be served by keeping the applicant in judicial custody, that too, for indefinite period. 9. Moreover, chances of conclusion of trial, against the applicant, in near future, are not so bright. As such, no useful purpose would be served by keeping the applicant in judicial custody, that too, for indefinite period. 10. The bail application cannot be rejected, as a matter of punishment, as punishment can only be inflicted after full fledged trial. 11. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 12. Consequently, the applicant is ordered to be released on bail in case FIR No. 31 of 2024, dated 5.7.2024, registered under Sections 105, 238, 239 and 3(5) of BNS, with Police Station, Jubbal, District Shimla, H.P., on his furnishing personal bond in the sum of Rs. 70,000/-, with one surety in the like amount, to the satisfaction of the learned trial Court. 13. This order, however, shall be subject to the following conditions:- a) Applicant shall make himself available for the purpose of interrogation, if so required and 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 the appropriate application; b) Applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; c) Applicant shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or the Police Officer, and d) Applicant shall not leave the territory of India without the prior permission of the Court. 14. 14. Any of the observations, made herein above, shall not be taken, as an expression of opinion, on the merits of the case, as these observations are confined, only to the disposal of the present bail application. 15. It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions is found violated by the applicant. 16. The Registry is directed to forward a soft copy of the bail order to the Superintendent of District Jail, Kaithu through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 17. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of District Jail, Kaithu is directed to inform this fact to the Secretary, DLSA, Shimla. The Superintendent of the District Jail, Kaithu. is further directed that if the applicant fails to furnish the bail bonds, as per the order passed by this Court within a period of one month from today, then, the said fact be submitted to this Court.