The court considered the individual role and knowledge of the petitioner in the alleged murder, and the possibility of imposing conditions for bail based on the specific circumstances of the case.

JUDGMENT

Vivek Singh Thakur, J. - Petitioner is an accused in case FIR No. 83 of 2020, dated 7.11.2020, registered in Police Station Bhawanagar, District Kinnaur, H.P. under Sections 302, 177, 182, 201, 203, 193, read with 120(B) IPC. Petitioner after remaining in Police custody is now in judicial custody. He has approached this Court seeking regular bail.

2. Status report stands filed. Record has also been produced.

3. Perusal of status report as well as record reveals the prosecution story that on 6.11.2020 deceased Sunil Kumar was murdered by Shashi Kumar with a knife supplied by co-accused Raju Nepali in presence of petitioner Tikkam Singh and thereafter Tikkam Singh tried to mislead the Police after approaching Police Station Bhawanagar by making statement under Section 154 Cr.P.C. that Raju Nepali had murdered Sunil Kumar.

3. On the basis of statement made by petitioner Tikkam Singh, case under Section 302 IPC was registered and co-accused Raju Nepali was arrested on 7.11.2020 and on that date his Medico Legal Examination was conducted and that of petitioner Tikkam Ram and his companion Shashi Kumar was also conducted in CHC Bhawanagar and their blood and urine samples as well as clothes were also preserved and taken into possession for chemical analysis.

4. On 8.11.2020, father of deceased Sunil Kumar had submitted an application to the Police, suspecting involvement of petitioner Tikkam Singh and Shashi Kumar along with Raju Nepali in murder of his son Sunil Kumar by stating that earlier also Shashi Kumar had quarreled with his son and had threatened to kill his son and he number of times had been stopping the vehicle owned by his son. After collecting evidence and recording statements of witnesses, Shashi Kumar and Tikkam Singh were also arrested on 9.11.2020.

5. As per prosecution story, during investigation, circumstances in which offence was committed revealed that on 6.11.2020, Shashi Kumar had been inviting Sunil Kumar to consume liquor together, but Sunil Kumar, to avoid him, had stated that he was at Tapri at that time. Shashi Kumar and Raju Nepali had been consuming liquor in the vehicle of Shashi Kumar and Shashi Kumar had asked Raju Nepali to help him to kill a local person to which Raju Nepali had disagreed, but on asking of Shashi Kumar, Raju Nepali had supplied a knife to Shashi Kumar from his room.

6. As per prosecution case, deceased Sunil Kumar on 6.11.2020, after leaving a passenger in his taxi at Bhawanagar had come to Lutuksa and had consumed liquor along with Rakesh Roshan, Akshay and Asif Khan and there he had received a call from Shashi Kumar at 7:33 P.M. asking to join him, but Sunil Kumar had refused to join company of Shashi Kumar to have liquor and at 8:00 P.M. he had started from Lutuksa to his home situated in village Kache. At Palangi Mode (curve), Sunil Kumar met Tikkam Singh and Dabinder Singh, residents of Kangos, who were taking liquor in the vehicle of Tikkam Singh and Sunil Kumar also parked his vehicle there and started taking liquor in the vehicle of Tikkam Singh and by that time Shashi Kumar along with Raju Nepali also reached there from his village Kache and he also consumed a peg in the vehicle of Tikkam Singh and thereafter Dabinder Singh left for his home and Shashi Kumar asked Sunil Kumar and Tikkam Singh to wait for him at that place i.e. Palangi Mode and he (Shashi Kumar) along with Raju Nepali went Bhawanagar to bring liquor, but Tikkam Singh and Sunil Kumar, instead of staying at Palangi curve, went towards their home. After purchasing liquor at Bhawanagar, Shashi Kumar along with Raju Nepali started to Palangi Mode and during this time Shashi had made calls to Tikkam Singh at 8:42, 8:46 and 8:48 P.M. and also to deceased Sunil Kumar at 8:47 P.M. After reaching Palangi, Shashi Kumar and Raju Nepali consumed one peg each of liquor and on that place Shashi had asked Raju Nepali to help him to kill a local person. At 9:01 and 9:11 P.M., Tikkam Singh contacted Shashi Kumar on his m