Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(HP) 104

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Satyen Vaidya, J.
Devi Dass - Petitioner
Vs.
State of Himachal Pradesh - Respondent
Cr. M.P.(M) No. 380 of 2023
Decided On : 17-03-2023

Advocates:
Advocate Appeared:
For the Petitioner:Mr. N. S. Chandel, Senior Advocate, with Mr. Vinod K. Gupta, Advocate.
For the Respondent:Mr. I.N. Mehta, Senior Additional Advocate General with Mr. Varun Chandel, Additional Advocate General.

Point of Law: Pre-trial incarceration cannot be ordered as a matter of rule.

Headnote:
Indian Penal Code, 1860 - Sections 302, 201 and 120-B – Criminal Procedure Code, 1973 - Section 154, 173 - Grant of bail – Murder offence - Prolonged custody - Not able to find any incriminating evidence - Prayer for grant of bail – Merely because, accusations are of serious nature and offence, if proved, will attract severe punishment, cannot be only ground to deny bail. (Para 12)
Finding of the Court: Forensic Science Laboratory Report also prima-facie does not opine connection between blood stains found on sickle, chopper and knives allegedly recovered from house of petitioner with deceased - Sufficient material has not been found for further analysis - Evidence collected by investigating agency to prove circumstances, cannot be said to suggest a strong inference against petitioner - Analyzing facts of case at touchstone of legal parameters, as enunciated from time to time and noticed above, this Court is of view that petitioner is entitled to bail - Petitioner has a permanent abode - Most of witnesses are closely related to deceased and it is hard to presume that such witnesses can be influenced by petitioner - Accordingly, petitioner is ordered to be released on bail.
Result: Petition allowed.

JUDGMENT :

Satyen Vaidya, J.

Petitioner is accused in case FIR No. 49 of 2022, dated 21.7.2022, registered under Sections 302, 201 and 120-B IPC, at Police Station, Jhandutta, District Bilaspur, H.P.

2. Brief facts necessary for adjudication of the petition are that a boy named Ankit Kumar alias Anku aged about 19 years, resident of Village Samoh, Tehsil Jhandutta, District Bilaspur, H.P. was student of Polytechnic Institute at Village Kalol, District Bilaspur. On 13.7.2022 Ankit Kumar alias Anku left his native village to join his College by personal vehicle bearing registration No. HP-69A-1984 (Alto K-10). The vehicle belonged to his maternal grandmother. In the evening of 14.7.2022, Ankit Kumar alias Anku left for his native village from village Kalol. At about 8.30 p.m., he telephonically informed his mother that he had reached village Baroha and would reach home within 10-15 minutes. Ankit Kumar alias Anku, however, did not reach home that night. Next morning at about 8.30 a.m. father of Ankit Kumar alias Anku noticed the vehicle No. HP-69A-1984 parked behind the house of Jodh Singh. Thereafter, search was launched for Ankit Kumar alias Anku, but he could not be found anywhere. On 19.7.2022, father of Ankit Kumar alias Anku lodged missing report at Police Station, Jhandutta.

3. On 21.7.2022, Vice President, Gram Panchayat, Samoh telephonically informed the police that a part of dismembered body was lying in a grass land in village Samoh. Police reached the spot. Sh. Ramesh Kumar, father of Ankit Kumar alias Anku got recorded his statement under Section 154 Cr.P.C. The dismembered part of the body was identified by Sh. Ramesh Kumar to be that of his son. Accordingly, the above noted case was registered.

4. During investigation, on 22.7.2022, the other parts of the body were recovered and identified by Sh. Ramesh Kumar. Postmortem was got conducted. It was opined that the body had been severed with cutter/sharp edged weapon. The complainant Sh. Ramesh Kumar and his brother Sh. Ravi Kant raised suspicion of commission of offence against the petitioner and other co-accused namely Chaman Lal S/o Sh. Devi Dass, Hem Raj alias Kaku S/o Devi Dass, Kiran W/o Hem Raj, Laldhar S/o Agnu Prasad and Joginder Rajput S/o Gaindan Lal.

5. The police after completion of investigation, has presented the challan against petitioner and other above named co-accused. As per the final report submitted by the Police under Section 173 Cr.P.C., sufficient evidence is stated to have been found against petitioner and other co-accused. It is alleged that the petitioner and other co-accused had enmity with the family of deceased and all the accused persons having criminally conspired had murdered Ankit Kumar alias Anku during intervening night of 14/15.7.2022 and in order to destroy the evidence had severed the body in parts and such parts were separately disposed of by packing those in gunny bags.

6. Petitioner was arrested on 22.7.2022. He remained in police custody till 02.08.2022 and thereafter he was remanded to judicial custody. Petitioner is still in judicial custody.

7. It is contended on behalf of the petitioner that his prolonged custody is unwarranted. The investigating agency has not been able to find any incriminating evidence against petitioner. He has been implicated merely on the asking of the complainant. It is further contended that petitioner has committed no offence. The challan stands filed. Most of the prosecution witnesses are related to the deceased and they have joined hands with the sense of sheer vengeance. Petitioner is stated to be permanent resident of Village Samoh, Tehsil Jhandutta, District Bilaspur, H.P. He has undertaken to abide by all the terms and conditions as may be imposed against him.

8. Learned Senior Additional Advocate General has opposed the prayer for grant of bail. It is submitted that the crime has been committed in most ghastly manner. The body of deceased had been cut into pieces, which reflects the criminal inte