Suresh Kumar vs Suresh Kumar

Kuldip Singh, Judge

Cr. MP(M) No. 970 of 2011 has been filed by Suresh Kumar and Cr. MP(M) No. 971 of 2011 has been filed by Ram Pal u/s 439 Cr.P.C. for releasing them on bail as both the applications have arisen from FIR No. 38 of 2011 dated 5.10.2011 registered at Police Station, Chintpurni, District Una, under Sections 304, 34 IPC.

It has been stated in the applications that petitioners have been arrested in FIR No. 38 of 2011 on 6.10.2011. The allegations against the petitioners are that on the intervening night of 4/5.10.2011 the petitioners have given beatings to deceased Deepak and dropped him near his residence in an injured condition, who succumbed to the injuries lateron.

It has been stated that investigation in the case is almost complete, only FSL report is to be received. There is nothing to be recovered from the petitioners. The petitioners have been falsely implicated in the case, they are innocent. The petitioners are ready to furnish bail bonds in accordance with the directions of this Court. The petitioners earlier filed bail applications which were dismissed by the Additional Sessions Judge, Fast Track Court, Una on 21.10.2011. Prayer has been made for releasing the petitioners on bail.

The status report has been filed in Cr.MP(M) No. 970 of 2011. It has been stated in the status report that Deepak returned to home at about 9.00 p.m. on 4.10.2011. The complainant noticed injuries on the face and other parts of the body of Deepak, who on inquiry told that Chajju Ram had slapped him. The complainant asked whether anybody had given him beatings but deceased did not tell anything. It has been stated that thereafter deceased slept and the complainant also slept. In the morning on 5.10.2011 the complainant found Deepak was lying dead. The complainant suspected that her son Deepak has been murdered by Sunny, Jyoti, Anku and mother of Anku and Mojju. She has stated that Sunny, Anku, Jyoti and mother of Anku had threatened Deepak of dire consequences.

The post-mortem of the deceased was got conducted and all injuries were found ante-mortem. The probable duration of all injuries present on the body was opined to be 2 to 3 days before death. In the report of viscera etc. contents of cannabis were detected. In the final opinion, the deceased died due to cumulative effect of pre-existing subdural haematoma and intoxication with cannabinoids resulting into positional asphyxia. As per the statement of Dipti Sharma on 4.10.2011 Suresh Kumar and Ram Pal gave beatings to the deceased. As per status report the petitioners surrendered on 8.10.2011. The involvement of Sunny, Jyoti, Madhu Bala, Chajju Ram and Mojju Ram has not been established. It has also come in the investigation that Deepak met with an accident on 2.10.2011 also in which he sustained injuries. Prayer has been made for rejection of the bail applications.

I have heard the learned counsel for the petitioners and learned Additional Advocate General for the respondent and have also gone through the police file. In the statement u/s 154 Cr.P.C. as per the status report, the complainant has not stated anything that deceased told her that he was given beatings by the petitioners. It has also come in the investigation that deceased met with an accident on 2.10.2011 also. In the post-mortem report, the probable duration of all the injuries present on the body is about two to three days before death. The complainant has stated that deceased returned home at about 9.00 p.m., who after taking food slept and was found dead in the morning on 5.10.2011. In other words, Deepak died in the intervening night of 4/5.10.2011 as per the complainant.

I have gone through the statement of Dipti Sharma u/s 161 Cr.P.C. She has stated that at about 8.55 p.m. on 4.10.2011 she had seen Deepak under the influence of some intoxicant. Suresh Kumar and Ram Pal had given 2-3 slaps to Deepak. Dipti Sharma has not stated that as a result of beatings, she noticed some visible injuries on the face and body of Deepak nor she has noticed oozing out of blood from the injuries on the person of the deceased. The petitioners are in custody since 6/8.10.2011. I am satisfied that the petitioners have made out a case for grant of bail.

In view of above, both the applications are allowed. The petitioners are ordered to be released on bail FIR No. 38 of 2011 dated 5.10.2011 registered at Police Station, Chintpurni, District Una, under Sections 304, 34 IPC, on their furnishing personal bonds in the sum of ` 25,000/- each with one surety each of the like amount to the satisfaction of any Judicial Magistrate at Amb with the condition that the petitioners shall not hamper the investigation, tamper with the prosecution evidence and shall not overawe or terrorize the prosecution witnesses in any manner.

The observations made in this judgment are for disposal of bail applications only and the same shall not be construed as expression of opinion on the merits of the case.