IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MPM No.501 of 2009 Decided on : July 1, 2009 Pankaj …Applicant. Versus State of H.P. …Respondent. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Applicant : M/s Satyen Vaidya & Ajay Kochhar, Advocates. For the Respondent : Mr. Ramesh Thakur, Assistant Advocate General. Surjit Singh, J (Oral) Applicant, alongwith three others, is accused of murdering one Ajay Kumar. Deceased Ajay Kumar was having an affair with a girl of village Dhamu, falling in the area of Tehsil Parampur. On 15th February, 2009, marriage of a daughter of Prakash Chand of village Dhamu was taking place. Present applicant and the deceased went to attend that marriage, on a bike of the applicant. It appears that both of them had not been invited for the marriage, but still they chose to attend it. Deceased Ajay Kumar gave a ring to one Ashwani Kumar of a nearby village to reach Dhamu at the house of Prakash Chand. Ashwani Kumar had been invited to attend that marriage and he told him that he was coming to that place on foot. It appears that Ashwani Kumar met deceased Ajay Kumar somewhere near village Dhamu. At that time, Ajay Whether reporters of the local papers may be allowed to see the judgment? …2… Kumar was having the bike of the applicant. Applicant himself had gone to the house of Prakash Chand on foot. Ajay Kumar carried Ashwani Kumar on the pillion of the bike to the house of Prakash Chand. When Ashwani Kumar went to the house of Prakash Chand, Pankaj, one Ashish Kumar and one Anuj Rana were already there. Four of them took their meals together and thereafter went to a field and sat by the side of bonfire. Ashish Kumar, a brother of Anija Kumari, asked applicant Pankaj, Ashwani Kumar and Anuj Rana as to where the deceased had gone. The four then went towards the road to search for him. On the way, Ashwani Kumar made a call to his girl friend at Chandigarh and sat by the side of the road to talk to her, while the applicant, Ashish Kumar and Anuj Rana proceeded further. They saw in the darkness a girl and a man and shouted at them. The girl gave a slip to the abovenamed three persons and went to the house of Prakash Chand, where she joined her friends and the man ran towards a Banyan tree around which there were bushes. That man was deceased Ajay Kumar. Applicant Pankaj, Ashish Kumar and Anuj Rana allegedly pushed him down a 100-150 metre precipice near the Banyan tree, as a result of which he fell into a Nulla and died. Motive for this alleged act was illicit affair between the deceased and Anija Kumari, sister of Ashish Kumar. 2. Applicant was arrested on 21st February, 2009. Ever since he has been in custody. He has moved this application for being enlarged on bail. …3… 3. I have heard the learned counsel for the applicant, as also the learned Assistant Advocate General and perused the record. 4. There is no evidence, suggesting that deceased had, in fact, been pushed down the precipice by the applicant or any of the other two boys, named Ashish Kumar and Anuj Rana. The version, which the applicant and other two boys gave to Ashwani Kumar, soon thereafter, was that they had chased the boy and that he escaped towards the bushes near Banyan tree and thereafter they heard the sound of someone falling down the precipice, meaning thereby that the version, which was given to Ashwani Kumar by the applicant and two other boys, was that it was a case of accidental fall. 5. Police has also collected evidence, indicating that the applicant had the apprehension that the man, who had fallen, was deceased Ajay Kumar, who accompanied the applicant on his bike. Lateron his apprehension turned out to be true, when Anija Kumari handed over to him the cell phone of Ajay Kumar. 6. Only circumstance, which appears against the applicant, is that when deceased was his friend and both of them had gone together to Prakash Chand’s place to attend the marriage and deceased Ajay Kumar had disappeared, on the night of 15th February, 2009, he did not inform the parents of Ajay Kumar of his having gone missing or his suspected fall from the precipice. 7. Without expressing any opinion as to the evidentiary value of the aforesaid circumstance, because that may affect the merits of the case, I am of the considered view that this is a fit case where Court’s discretion, in the matter of bail, should be exercised, in favour of accused. Consequently, the application is allowed and the applicant is ordered to be released on his furnishing bail bond in the sum of …4… Rs.10,000/-, with one surety in the like amount, to the satisfaction of Chief Judicial Magistrate, Kangra at Dharamshala. Copy dasti. July 1, 2009(sd) ( Surjit Singh ), J