Kushal Singh vs State of H.P.

Kuldip Singh, Judge

This is an application, u/s 438 Cr.P.C., for releasing the petitioner on bail in FIR No. 3/12 dated 10.1.2012, registered at Police Station, Shahpur, District Kangra, H.P., under sections 304, 34 IPC & 25,29,54,59 of Arms Act. It has been stated that petitioner is innocent and he has been falsely implicated in the case. The petitioner has committed no offence. The petitioner belongs to respectable family and is a retired inspector from CRPF. The allegations against the petitioner are that while he was accompanying other persons for hunting in the forest, one of the persons negligently fired a gun shot and one Porkhi who was cutting fodder hit by the shot and died. The petitioner never went to the forest for hunting as alleged. The petitioner has been falsely implicated in the case. The investigation in the case is complete. The police has already taken into possession the gun and its licence from the petitioner. The petitioner is apprehending his arrest in view of registration of the case. The petitioner is ready to join the investigation and furnish bail bonds in accordance with the directions of this court. It has been submitted that petitioner earlier filed bail application, which has been dismissed by the learned Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala on 1.3.2012. The prayer has been made for releasing the petitioner on bail.

The status report has been filed. It has been stated that case has been registered on the statement, u/s 154 Cr.P.C. of Amin Chand. It has been stated that Porkhi Ram father of the complainant had been working as Chowkidar at Patwarkhana, Rehlu. On 9.1.2012 at about 11.30 Porkhi had gone in the jungle for collecting leaves which were to be used for preparing plates (Patals). He did not return in the evening. He was traced, but could not be located. On 10.1.2012 at about 10.30 p.m. the dead-body of Porkhi was found in Dradhnalla forest in the bushes. An empty cartridge was found near the dead-body at a distance of ten metres. The pallets marks were found on the body. The complainant suspected that some hunter suspecting Porkhi an animal fired at him and Porkhi died. On this, a case has been registered. The post-mortem on the dead body of Porkhi was got conducted and on the dead body 83 marks of pallets were found. A drat (sickle) and an empty 12 bore cartridge was found near the dead body. As per the provisional opinion of the doctor, the deceased died due to shot gun fire arm. The injury No. 2 chest bleeding to haemorrhagic shock. For final opinion, the forensic examination report is awaited.

It has come in investigation that Jagroop Singh alias Jaffa, Manoj Singh alias Golu, Kikker Singh, Narrotam Singh alias Noti, Purshottam Singh alias Boni, Randip Singh alias Gagga and Dumnu Ram have committed the offence. It has been stated by the learned Additional Advocate General that Balkrishan has absconded. All other accused except petitioner Kushal Singh and Bal Krishan have been arrested and are in judicial lock up. It has also come in investigation that petitioner had gone to jungle alongwith his other companions for hunting alongwith his licenced gun. He and his companions ran away from the spot when they came to know that Porkhi has been shot dead by Yashwant alias Titu under the impression that Porkhi was an animal. It has been stated that petitioner, if released on bail may terrorise the prosecution witnesses and create obstacle in the investigation. The offence committed by the petitioner and others is serious, therefore, prayer has been made for rejection of bail application.

I have considered the rival contentions. It has come in the investigation that fatal shot came from the gun of Yashwant alias Titu. There is no allegation that petitioner directly or indirectly helped Yashwant to fire at Porkhi. The petitioner has submitted in the bail application that police has already taken into possession the gun and licence. The allegation against the petitioner is that he was member of hunting party but no actual part played by him in the hunting resulting the death of Porkhi has been highlighted. No case has been made out for custodial interrogation of the petitioner. There is no allegation that in case the petitioner is released on bail, he will not be available for trial. In the status report vague allegations have been made that in case the petitioner is released on bail, he will terrorise the prosecution witnesses and create obstacle in the investigation. There is no material in support of these allegations. The petitioner has made out a case for grant of bail, u/s 438 Cr.P.C.

In view of above, the petition is allowed and it is directed that in the event of arrest of the petitioner in FIR No. 3/12 dated 10.1.2012, registered at Police Station, Shahpur, District Kangra, H.P., under sections 304, 34 IPC & 25, 29, 54, 59 of Arms Act, he be released on bail on his furnishing personal bond in the sum of Rs. 50,000/- with one surety of the like amount to the satisfaction of Arresting Officer with the conditions that petitioner shall continue to join the investigation as and when called by the investigating officer and shall maintain absolute peace and lawful conduct during the pendency of the case and shall not terrorise, overawe the prosecution witnesses. The petitioner shall not hamper the investigation and tamper with the prosecution evidence in any manner. Any observation made hereinabove shall not be construed as an expression of opinion over the merits of the case. The application stands disposed of.