IMPORTANT POINT
The court emphasized that the gravity of the offence and the prima facie evidence against the petitioner justified the denial of bail, despite claims of insufficient evidence.

JUDGMENT :

Rakesh Kainthla, J.

1. The petitioner has filed the present petition for seeking regular bail. It has been asserted that the petitioner was arrested vide FIR No. 77 of 2023, dated 11.7.2023, for the commission of offences punishable under Sections 341, 302, 323, 504, 147, 148, and 149 of the Indian Penal Code (IPC), registered at Police Station Dharampur, District Solan, H.P. The petitioner is innocent and he was falsely implicated. The prosecution has collected insufficient evidence to connect the petitioner with the commission of a crime. The medical reports do not establish any involvement of the petitioner. The informant did not mention the petitioner’s name in his statement recorded under Section 154 of Cr.P.C. The eyewitnesses stated that they could identify the person who had committed the offence, but no test identification parade was conducted. The police recovered the clothes of the petitioner, but no blood was found on them. An angle iron rod was also stated to have been recovered at the instance of the petitioner, but the blood was found insufficient for serological examination. The petitioner belongs to a poor family. He has been in judicial custody for one year and five months. The prosecution evidence is yet to start. The prosecution has cited 27 witnesses, and there is no likelihood of an early conclusion of the trial. No fruitful purpose would be served by detaining the petitioner in custody. The petitioner would abide by the terms and conditions which the Court may impose. Hence the petition.

2. The petition is opposed by filing a status report asserting that the informant told the police that he and Lalit alias Suraj were consuming liquor and food on 11.7.2023 at 12.30 AM. Hasan Khan came to the room and told them that a boy working in the Pinki Dhaba was abusing him. Hasan Khan called that person. The informant and Lalit alias Suraj also talked to him. He abused them and called them near Kumarhatti Flyover. The informant, Hasan Khan and Lalit went to Kumarhatti flyover, where 7-8 persons were present who were armed with iron rods. They stopped the motorcycle and started beating the informant party. The informant party sustained injuries. They were taken to the hospital. Hasan and the informant were sent to a higher institution for further treatment. The police arrested the petitioner and other persons. They got recovered iron rods and sticks, which were used for the commission of offence. The police seized them. Lalit alias Suraj succumbed to the injuries sustained by him. The petitioner got recovered an angle iron, which had an orange colour and blood stains. The orange colour was found on the motorcycle of the deceased Lalit alias Suraj. The sample of paint was obtained, and it was sent to FSL along with the angle iron. As per the report of analysis, the blood was found on angle iron, which was insufficient for serological examination. The orange colour on the angle iron and the sample was found to be similar. The petitioner had inflicted injury on the head of Lalit alias Suraj. Hence, the status report.

3. I have heard Ms. Deeksha Thakur, learned counsel for the petitioner and Mr. Ajit Sharma, learned Deputy Advocate General, for the respondent-State.

4. Ms. Deeksha Thakur, learned counsel for the petitioner, submitted that the petitioner is innocent and he was falsely implicated. There is no evidence to connect the petitioner with the commission of crime. The police did not conduct any test identification parade to ascertain the identity of the petitioner. The blood was found insufficient for further serological examination and there is nothing on record to connect it with the deceased. The petitioner has been in custody since 13.7.2023 and the prosecution evidence has not commenced. Petitioner’s right to speedy trial is being violated. Therefore, she prayed that the present petition be allowed and the petitioner be released on bail.

5. Mr Ajit Sharma, learned Deputy Advocate General for the respon