Kuldip Chand Sood, J.—Ravish Kumar, the petitioner herein, prays for anticipatory bail, under Section 438 of the Code of Criminal Procedure is case registered with the Police Station, Reckong Peo on 19.11.2001, for offences punishable under Sections 302 and 201 of the Indian Penal Code in terms of FIR No. 56 of 2001.

2. It appears, on the afternoon of 19th November, 2001 Naresh Kumar, Head Master of Government Middle School, Kothi, was informed about a dead body lying in the unused septic tank of the School. He in turn informed Harish Chand Negi, President of Gram Panchayat, Kothi, on telephone, about this discovery. Harish Chand reported the matter to the police at about 4.40 p.m. on the same day. The Station House Officer, Reckong Peo alongwith other police officials immediately visited the spot. He found that a dead body, covered with refuse, with legs protuding was lying in the septic tank. The dead body, after taking photographs, was taken out of the septic tank. The clothes worn by the body were soiled with blood. There was an injury of 2 to 2-Vi inch on the left cheek. The body was identified to be that of Sanjeev Kumar by Vidya Singh his father. Postmortem of the dead body was conducted by Dr. G.K. Sharma and Dr. Subhash Chand, Medical Officers, Tehsil Hospital, Reckong Peo. The body had multiple fracture of left side of mandible, maxilla and left zygounaltic bone and nasal bone. The Doctors also found that base of skull of the left side involving middle cranial fore, critriform plate ethmoid and spenori bone was fractured with laceration of underlying meninges and brain matter with surrounding haemetoma. In the opinion of the Doctors the deceased "died due to the head injury", the opinion was subject to the report of the Chemical Analysis of the viscera and blood.

3. During the course of the investigation it was found that Ravish Kumar, the petitioner, was missing from the village from 19th November, 2001.

4. According to the petitioner, he is being falsely implicated with the murder of Sanjeev Kumar by his enemies. He pleads that it is not certain that the death was homicidal or accidental. The deceased, according to him, was given to heavy drinking. The petitioner had no motive to kill Sanjeev Kumar who was "his fast friend". It is his case that there is no material with the police to connect him with the commission of the murder of Sanjeev Kumar.

5. In reply filed on behalf of the State, the allegations are controverted. It is submitted that the investigation so far connect the petitioner with the Killing of Sanjeev Kumar. The police had been searching for the petitioner since 21st November, 2001, but he was absconding. It is the case of the Investigating Agency that material so far collected indicates that the petitioner is involved in the offence punishable under Sections 302 and 201 of the Indian Penal Code.

6. I have heard Mr. T.R. Chandel, learned Counsel for the petitioner and Mr. Sandeep Kaushik, learned Assistant Advocate General for the respondent-State and have also perused the police record including police diaries.

7. The investigation so far shows that accused-petitioner and Sanjeev Kumar together took liquor on the evening of 18th November, 2001 in a "Dhaba" of Jawahar Lal. Thereafter they left "Dhaba" and consumed the remaining liquor somewhere else. At about 7.00 p.m. accused-petitioner alongwith deceased again visited the "Dhaba" and took liquor in the "Dhaba" upto 8.00 p.m. However, a beat constable intercepted them taking liquor in the "Dhaba". He asked both of them to leave the place immediately The Constable reprimanded them and the "Dhaba" owner for this unlawful activity. Thereafter both deceased and the petitioner went to the house of Constable Des Raj who happened to be relative of petitioner Ravish Kumar. Ravish Kumar demanded liquor from Des Raj. Des Raj informed him that he .had no liquor, however, he gave him Rs. 100 to get a bottle of liquor. Both deceased and petitioner brought cou