B AND HARYANA v. STATE OF PUNJ

Mr. Amit Rana, Sr. DAG, Punjab. Mr. A *** *** MANJARI NEH NEHRU KAUL, J. (ORAL) The petitioner is seeking the concess The 483 oncession of bail under Section 483 Bhartiya Nagrik agrik Suraksha Sanhita, 2023 in case 4 n case FIR No.57 dated 29.02.2024 under Sections ions 304 and 34 of the IPC register kpur, gistered at Police Station Zirakpur, SAS Nagar (Moh (Mohali), Punjab. Learned counsel for the petitioner s Lear se of oner submits that as per the case of the prosecution it tion itself, the deceased was addicted ddicted to drugs and had fallen into bad company. It ny. It has been submitted by the lea is no the learned counsel that there is no specific role attrib e attributed to the petitioner in the FIR he FIR in question other than the fact that the deceased ceased was a friend of the petitioner ioner and they had been consuming drugs together. ther. Learned counsel has submitted bmitted that the postmortem report (Annexure P-2) 2) of the deceased also does not ref not reflect any injuries on the person of the deceased w ased which clearly points to the decea nt of deceased having died on account of drugs overdose.

L ose. Learned counsel has submitted th itted that in the circumstances, when PUSHPINDER SAINI 2024.11.16 10:53 I attest to the accuracy and integrity of this document CRM-M-53683- -2024 -2- it is not even th ven the case of the prosecution that n that there has been any forcible administration of ion of drugs to the deceased much much less by the petitioner, it was evident that a fal t a false and fabricated case had bee oner. d been planted upon the petitioner. Learned counsel unsel has argued that since the inves se is investigation in the present case is complete and ev nd even challan stands presented co t the ted coupled with the fact that the petitioner has no as no previous criminal antecedents, h ents, his further incarceration would serve no useful pu eful purpose as 11 witnesses have bee d ve been cited by the prosecution and thus, the trial wi ill take time to conclude. Custody certificate filed by the lea Custo the learned State counsel in Court today is taken on en on record subject to all just excep exceptions.

Copy thereof has been provided to the co the counsel opposite. Per contra, learned State counsel w Per c nsel while opposing the prayer and submissions mad s made by the counsel opposite, ite, has reiterated the allegations levelled in the FIR the FIR which stands reproduced herei herein-under: "Statement of Mukesh Kumar son o son of Balwant Singh, resident of House No.17, Wadhwa Nagar, Near Ka r Kali Mata Mandir, Baltana, Police Station Zirakpur, District SAS Na S Nagar, aged about 31 years, Phone No.[REDACTED]. Stated that I am am resident of above said address and doing a private job. We are four b ur brothers and sisters, my elder sister Arti wife of Laxman Singh, resi 19, resident of House No.518, Sector-19, Panchkula, Haryana, aged about 3 out 33 years and I am younger than her and my younger brother Dinesh K sh Kumar, aged about 30 years and the youngest sister Deepa is about 27 t 27 year old, my brother Dinesh Kumar used to drive privately and from t om the last 5 years he grot addicted to drugs and fell into wrong compa pany and started connivance with their friend.

Against whom a FIR was re as registered at Dhakoli police station in December, in which my brother D er Dinesh Kumar was lodged in Central Jail Patiala for 2 months, who was was bailed by my mother Gudi Devi on which yesterday dated 28.02.2024 024 my brother Dinesh Kumar came out of jail, who called us from inside th de the jail and said that I have come out of jail, I need some money to com come home, so we send Rs.200/- in one number according to Dinesh Kum Kumar. Later on my brother Dinesh PUSHPINDER SAINI 2024.11.16 10:53 I attest to the accuracy and integrity of this document CRM-M-53683- -2024 -3- Kumar did not come home. Today I day on 29.02.2024 around 09:30 AM I received a call from Dinesh Kum Kumar's friend Mohit @ Pancher who told that your brother Dinesh Kum Kumar came to Jail yesterday, who met his other friends Sudama, Akshay k, hay and another boy at Patiala Chowk, Zirakpur and from which all three ree took Dinesh Kumar in their car and came to Sadama's house at house ouse no.562, Sector-19, Panchkula and all three started consuming drugs ugs etc. andyour brother Dinesh Kumar was died inside Sudama's house.

A se. After which I along with my mother and sister reached house no.562. 562. Where the gate of the house was open and I looked inside, the floor floor was covered with blood and things were scattered, then I got a call fr ll from Mohit @ Patcher again around 10:00 AM who said what are you d you doing at home. Your brother Dinesh Kumar was died inside Sudama's h r's a's house, but they put Dinesh Kumar's dead body in a car and threw it in tel, it in back side ground of Dolphin Hotel, which I saw with my own eyes. A es. After which I along with my family reached to back side of Dolphin phin Hotel Baltana where my brother Dinesh Kumar's dead body was ly d a as lying at the end of the ground and a bag was also lying which was use used by Dinesh Kumar in jail some of his clothes etc. After which the poli police party reached at spot and action was taken and the dead body of m of my brother Dinesh Kumar has been kept in the mortuary of Civil Hosp ospital Derabassi.

Sudama earlier had threatened to kill my brother Dine Dinesh Kumar m any times and as soon as my brother came out of jail, his R/o , his friend namely Sudama @ Sonu R/o H.NO.562, Sector-19, Panchkula, ula, Haryana and Akshay Kaushal and unknown boy in connivance with e ith each other killed my brother Dinesh Kumar and threw his dead body i dy in the back side ground of Dolphin Hotel Baltana. Strict Legal actio . I ction should be taken against them. I alongwith my sister recorded thei sh, their statement with you. Sd/ Mukesh, Mobile No.[REDACTED].” Learned State counsel has, however Lear wever not disputed, on instructions from ASI Nirmal irmal Kaur, that no injury was found found on the person of the deceased and it appears to b ars to be a case of drugs overdose. On a pointed query, learned State c On a State counsel has also not disputed that it was not th not the case of the prosecution that th that the deceased had been forcibly administered drug d drugs by the petitioner.

On a furthe nsel, further query, learned State counsel, PUSHPINDER SAINI 2024.11.16 10:53 I attest to the accuracy and integrity of this document CRM-M-53683- -2024 -4- on instructions, h ions, has not disputed that the petitio petitioner has no previous criminal antecedents. The . The petitioner has been in custody s tody since 21.05.2024, investigation is complete as c e as challan stands presented, how , however, the possibility of trial concluding in the in the near future seems remote as the as the evidence is yet to commence. In the facts and circumstances as en In th as enumerated hereinabove, this Court deems it fi s it fit to extend the concession of b n of bail to the petitioner as no further incarcerati rceration of the petitioner is required. uired. Accordingly, the instant petition is Acc ion is allowed and the petitioner be admitted to ba to bail on his furnishing bail/surety b urety bonds to the satisfaction of the Trial Court/D ourt/Duty Magistrate concerned.

How . However, it is made clear that anything observed served hereinabove shall not be const construed to be an expression of opinion on the me the merits of the case. November 14, 20 14, 2024 (MANJARI NEHRU KAUL) JUDGE Whether speaking/ reasoned Whether reportable : : Yes/No Yes/No PUSHPINDER SAINI 2024.11.16 10:53 I attest to the accuracy and integrity of this document