Decided on January 04,2021



SANDEEP SHARMA,J. - (1.) By way of present petition filed under S.439 CrPC, prayer has been made on behalf of the bail petitioner namely Krishan Kumar, who is behind the bars for more than two years, for grant of regular bail in FIR No. 204, dated 15.11.2018, registered at Police Station Baijnath, District Kangra, Himachal Pradesh under Ss. 302, 324 and 323 IPC.
(2.) Status report filed by the respondent-State reveals that on 15.11.2018, complainant Vishal got his statement recorded under S.154 CrPC, alleging therein that on 14.11.2018, he, alongwith deceased Shubham, after having finished their welding work at the residence of Pradeep Kumar resident of Chobu, went to Mahakal for purchasing a few things. He alleged that he purchased 2 kg chicken, one bottle of whisky, 1/2 kg tomatoes, 1/2 kg onion and few disposable classes and thereafter came to Balh, where persons namely Shubham, Krishan Kumar and Malkeet were also present. Subsequently person namely Vinod Rana, Pradeep JE and Sanjeev also came to the house of Malkeet alias Nikku. Complainant alleged that after some time, person namely Pradeep, Vinod Rana and JE went away, whereas, he alongwith Sanjeev, deceased Shubham, stayed in kitchen for having drinks. Krishan Kumar and Malkeet alias Nikku, stayed in other room. Complainant alleged that at 7 pm, Malkeet Singh alias Nikku, came to the kitchen for preparing food. After 10 minutes, Krishan Kumar also reached there. They both took two pegs each of whisky alongwith them. Complainant alleged that after some time, some altercation took place inter se complainant and deceased Shubham and allegedly Krishan Kumar made an attempt to attack Shubham with knife, however, he and Malkeet separated them and in this process, he suffered injury on his hand. Complainant alleged that after some time, Krishan Kumar again started quarrel with Shubham and during their fight, Krishan Kumar gave a blow of knife in the abdomen of Shubham, as a consequence of which, he fell down. Complainant alleged that Krishan Kumar also gave beatings to him. He also gave blow of Danda/stick on the head of Krishan Kumar. Complainant alleged that he with the help of Gopal, brought deceased Shubham to hospital but he was declared brought dead. In the aforesaid background, FIR, detailed hereinabove, came to be lodged against bail petitioner under Ss. 302, 324 and 323 IPC on 15.11.2018 and since then, he is behind bars. Challan stands filed in the competent Court of law. Till date, more than 13 witnesses out of total 25 stand examined.
(3.) Since all the material prosecution witnesses including complainant have not supported the case of prosecution, petitioner has approached this Court in the instant proceedings for grant of bail in the changed circumstances. Since the bail petitioner had annexed copies of statements made by material prosecution witnesses alongwith the petition at hand, this Court, on 14.12.2020, while directing learned Additional Advocate General to ascertain the status of the trial, also directed him to ascertain the correctness and genuineness of the statements placed on record. Learned Additional Advocate General informed this court that in all 13 prosecution witnesses remain to be examined but out of them two are material prosecution witnesses since they are witness of recovery. For recording statement of aforesaid witnesses, matter was listed before learned trial Court on 16.9.2020 and as of today, more than 13 witnesses including material prosecution witnesses stand examined.;

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