Point of Law: Enlargement of petitioner on bail is not going to affect trial in any manner. It is not even contended against petitioner that he has potential to influence prosecution witnesses or to tamper with the evidence in any manner.

ORDER :

Petitioner is in custody since 22.12.2021 in a case registered vide FIR No. 47/2021, dated 22.12.2021, under Section 302 read with Section 34 of the IPC at Police Station Deha, District Shimla, H.P.

2. Petitioner has prayed for grant of bail on the grounds that he has been falsely implicated. It is the case of the petitioner that there is no legal evidence against him to connect him with the alleged crime. Investigation has been completed. Nothing is required to be recovered from the petitioner. Petitioner is at the prime of his youth and entire family is dependent upon him. He belongs to respectable family and has roots in the society. Petitioner is permanent resident of Village Kalgaon, Post Office Deha, Tehsil Theog, District Shimla, H.P. There is no likelihood of his absconding from the course of justice.

3. From the status report filed on behalf of the respondent, it is revealed that the investigation is complete and challan has been filed in the Court of competent jurisdiction on 16.03.2022. The report of SFSL is still awaited in respect of examination of certain samples and also voice sample sent to it. Supplementary challan will be filed on receipt of report. As per respondents, after investigation, it has been found that the co-accused of petitioner Sunil Kumar inflicted the blows on the person of deceased with sickle. It is alleged that on the evening of 21.12.2021, the deceased called co-accused Sunil to help him in carrying angle iron from bus stop to his house. Sunil reached the village of deceased on the motorcycle of petitioner. Sunil and petitioner helped the deceased in carrying angle iron and thereafter all three of them had liquor by sitting at the bus stop. Deceased uttered some unwanted words against the mother of Sunil and also asked him to bring more liquor. Sunil went to his house, brought a bottle of liquor and also a sickle. They were consuming more liquor and abruptly Sunil gave blows on the neck of deceased with sickle. Thereafter, Sunil absconded and was apprehended at Parwanoo, whereas petitioner went to his home. The police was informed during the intervening night of 21/12.12.2021. The case was registered and investigation was conducted.

4. I have heard learned counsel appearing for the petitioner and learned Additional Advocate General for the respondent-State and have also gone through the record.

4. The seriousness and gravity of offence are the factors that have bearing on the fate of the prayer for grant of bail. However, the mere allegation that serious offence has been committed will not be the only determinative factor. The gravity and seriousness of the allegations against the bail petitioner are to be seen. The evidence collected during the investigation need not to be scanned minutely for such purpose. The assessment of material on record to have prima facie appraisal of allegations against the petitioner will suffice.

5. Coming to the facts of the case, the allegation against the petitioner is that he brought the person named Sunil on his motorcycle on his request to the village of deceased. There is no allegation that the petitioner and Sunil had any pre-meditation to commit the offence. It is also not the allegation that sickle was brought by Sunil with the knowledge or consent of petitioner. Even at the time of commission of alleged crime, no positive role has been attributed to the petitioner. In such circumstances, the case of the petitioner is clearly discernible from that of the person who inflicted blows of sickle on the person of deceased. There is nothing on record to suggest that the petitioner had visited the village of deceased with intent to commit any crime.

6. In the peculiar facts and circumstances of this case, it is not desirable that the petitioner remains in custody for indefinite period. Petitioner has already been in custody for the last about 7 months. The challan has already been filed. Enlargement of petitioner on bail is not going to affect the trial in an