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Judgment
Kuldip Singh, J.—This is an application u/s 439 Cr.P.C. for releasing the petitioner on bail in FIR No. 123 of 2011 dated 24.12.2011, registered at Police Station, Gagret, District Una u/s 304 IPC. It has been stated in the application that the petitioner has been arrested on 25.12.2011 in the above case. The prosecution case in brief is that petitioner is working at toll tax barrier, Gagret. On 22.12.2011, the deceased alongwith other occupants of the vehicle refused to pay toll tax and were beaten. The petitioner has lodged FIR No. 118 of 2011 at Police Station, Gagret. In the scuffle the deceased sustained certain injuries and died later on as he was suffering from Aids.
The investigation in the case is complete. The petitioner is innocent. There is no legal evidence to connect the petitioner with the commission of offence. No recovery is to be made from the petitioner. The FSL report, report of the viscera and treatment summary are yet to be collected. The further detention of the petitioner is not necessary in the case. The petitioner filed bail application which has been dismissed by learned Addl. Sessions Judge (Fast Track Court), Una on 24.1.2012. The petitioner is ready to furnish bail bonds in accordance with the directions of this Court. The prayer has been made for releasing the petitioner on bail u/s 439 Cr.P.C.
The status report has been filed. It has been submitted that the case has been registered on 24.12.2011 on the report of Amarjeet Singh. According to complainant he alongwith others on 9.12.2011 proceeded at about 5 p.m from Fazlika to Baba Barbag Singh, (Meri), District Una. The car was being driven by Joginder Singh son of Kashmir Singh. The petitioner paid the toll tax at the Gagret Barrier at about 11.30 p.m. In the meanwhile altercation took place between an employee of the barrier and Joginder Singh and they had some scuffle. The petitioner intervened and pacified them. The petitioner, his brother-in-law Joginder Singh son of Shri Pritam Singh etc. proceeded towards Meri. On the way brother- in- law of the petitioner told that it appeared that he has lost his purse at toll tax barrier. On 10.12.2011 at about 2.15 a.m. they proceeded from Meri to Fazlika. At about 3.15 A.M. they inquired about the purse at toll tax barrier, Gagret, a person on duty at the barrier all of a sudden came in rage and hit Joginder Singh brother-in-law of the petitioner with iron rod, who fell down. The complainant, his brother Parmajeet and driver Joginder Singh out of fear proceeded in the car towards Hoshiarpur. Later on complainant came to know that his brother-in-law Joginder Singh was referred to Chandigarh who died on 22.12.2011. The matter was not reported to the police earlier due to fear. On this, case was registered u/s 304 IPC. The petitioner was arrested on 25.12.2011.
The petitioner made disclosure statement and got recovered iron rod. The viscera of the deceased was sent to Rajindera Hospital, Patiala, for chemical analysis and the report has not yet been received. In case the petitioner is released on bail he can influence the witnesses. The prayer has been made for rejection of the bail application. The challan has been submitted in the Court on 23.2.2012.
Heard and perused the record. The occurrence took place on 10.12.2011. The FIR was registered on 24.12.2011. The delay in lodging the FIR is relevant factor at the time of consideration of bail application. The challan has been submitted in the Court on 23.2.2012. It appears from the status report that in the heat of moment occurrence took place. The petitioner has alleged that he was beaten at the toll tax barrier and he had lodged FIR No. 118 of 2011 registered at Police Station, Gagret. According to petitioner, deceased died not because of alleged beatings given by the petitioner but due to Aids. The petitioner is in custody since 25.12.2011. The trial of the case will take some time. No purpose will be served for detaining the petitioner for indefinite period. In these circumstances, petitioner has made out a case for the grant of bail u/s 439 Cr.P.C.
In view of above, the application is allowed. The petitioner is order to be released on bail in FIR No. 123 of 2011 dated 24.12.2011, registered at Police Station, Gagret, District Una u/s 304 IPC on his furnishing personal bond in the sum of Rs. 50,000/- with one surety of the like amount to the satisfaction of learned Judicial Magistrate Ist Class, Court No. 2, Amb with the condition that petitioner shall not terrorize or overawe the prosecutions witnesses nor shall tamper the prosecution evidence in any manner. The observations made in the judgment are for disposal of the bail application and it shall not be construed as expression of opinion on the merits of the case.