The decision emphasizes the importance of justifying pre-trial incarceration based on the nature of the offence and the individual circumstances of the accused.

JUDGMENT

Anoop Chitkara, Vacation J. - The petitioner, who is under arrest, on being arraigned as an accused in FIR number 19/2019 dated 9.9.2019, registered under Sections 341, 302, 201, 120(B), 34 of Indian the Penal Code, 1860 , in the file of Police Station, Pooh, District Kinnaur, H.P., disclosing non-bailable offences, has come up before this Court under Section 439 of the Code of Criminal Procedure , seeking regular bail.

2. Status report stands filed. I have seen the status report(s) as well as the Police report under Section 173(2) CrPC , to the extent it was necessary for deciding the present petition, and heard learned Counsel for the parties.

Facts

3. The gist of the First Information Report and the investigation is that on September 9, 2019, Prakash Chand, son of Shri Tenjin, R/o Village Khab, P.O. Namagya, Tehsil Pooh, District Kinnaur, made a report to Police Station, Pooh. Vide that report, Prakash Chand informed the Police that his son Sonam Dorje is missing from 11:00 p.m. of September 7, 2019. He further stated that his vehicle is abandoned at a place known as Bhagat Nalla and one tyre is deflated. After missing of his son, he stated that he alongwith family members and relatives made frantic efforts for his search, but failed and having lost all hopes, they approached the Police Station requesting the Police to help in his search.

4. After that, on September 9, 2019, complainant Prakash Chand made a statement to the Police that on September 7, 2019, his son alongwith four Nepalis labour was collecting sand from nearby rivulet. He did not return home on September 7, 2019 then in the morning of next day, he reached Pooh at a place known as Bhagat Nalla, where one of such labourer who was walking with his son Sonam Dorje met him. The said Nepali told him that during the night of September 7, 2019, these people were collecting sand from Satluj river at Bhagat Nalla. Another team was also collecting sand and the said team comprised of five Nepalis labour and driver of Contractor Dila Ram. The said Nepalis people and the driver had entered into a scuffle with Sonam Dorje as well as the labourer engaged by him. After that, they threatened him of dire consequence and proclaimed that they will teach them a lesson. After that, Sonam Dorje alongwith his labour was proceeding towards the road and then they noticed some people standing there with torch and sticks. They had created blockade on road by placing big boulders. At that time, his son was driving the vehicle and Himal Thapa was sitting with him and the other Nepalis were sitting the carriage portion of the vehicle. Himal Thapa further told Prakash Chand that his son Sonam Dorje alighted from his vehicle and went towards these people but did not return. He further revealed that on seeing the gang, all the Nepalis labour accompanying Sonam Dorje ran away.

5. Prakash Chand further told the Police that he has come to know that following persons were standing there alongwith torch and sticks, namely (I) Dila Ram (ii) Sundoop (iii) Luxman Singh (iv) Shashi Bhushan and he also gave details and parentage of the persons. Prakash Chand further told the Police that he is certain that these people have kidnapped his son, killed him and disposed of his body and they are involved in such offence.

6. He further stated that his son had earlier told him that Luxman Singh asked him not to collect sand from Bhagat Nalla and warned him with dire consequences, if he further more collects the sand. He further stated that he has recovered the slippers of his son from the banks of Satluj river. On the basis of such information, the Police registered FIR under Sections 341, 364, 34, in which later on Sections 302, 120(B) of the Indian Penal Code have been added. After that, the Police swung into action and recorded statements of the Nepalis labour and did further investigation. On September 24, 2019, the Police got the statement of Himal Thapa recorded under Section 164 of the Cr.PC bef