Bail cannot be denied as a form of punishment; pre-trial detention is prohibited when investigation is complete and medical evidence suggests death was not caused by the accused's actions.

JUDGMENT :

Virender Singh, J.

Applicant-Jagdish Kumar, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (hereinafter referred to as the ' BNS S '), with a prayer to release him on bail, during the pendency of trial, in case FIR No.127 of 2024, dated 16.07.2024, registered, under Sections 103(1) , 115(2) and 332 (C) of the Bharatiya Nyaya Sanhita (hereinafter referred to as the ‘ BNS ’), with Police Station Balh, District Mandi, H.P.

2. According to the applicant, he has falsely been implicated and has wrongly been arrested, in the present case.

3. As per the applicant, all the allegations, which have been levelled in the FIR, are totally false and concocted, whereas, the real fact, according to the applicant, is that he is having a shop adjoining to the Karyana shop of the deceased at Galu Chowk. Adjoining to the said shops, a common toilet of the petitioner and deceased is there. When the applicant came out of the toilet, after responding the call of nature, son of the deceased came near him and claimed his ownership on the said toilet and hot exchange took place between them.

4. It is the further case of the applicant that thereafter, the deceased and his son had beaten the applicant with the help of wooden stick, by inflicting injuries, on his head and due to those injuries, blood started oozing out from his head.

5. According to the applicant, when, he was saving himself from their clutches, deceased fell down and got sub-conscious. It is the further case of the applicant that he is already suffering from acute cardiac problem i.e. blockade to the tune of 90% and 80% in two arteries.

6. To substantiate his plea that the death was not caused on account of injuries, the applicant has relied upon the RFSL report and postmortem examination report of the deceased.

7. According to the applicant, investigation, in the present case, is complete and the applicant is in judicial custody, for the last more than six months, as such, no useful purpose would be served by keeping him in judicial custody.

8. The applicant has given certain undertakings, for which, he is ready to abide by, in case, ordered to be released on bail.

9. The applicant has also tried his luck by moving similar application, before learned Sessions Judge, Mandi, District Mandi, however, his application was dismissed, vide order, dated 16^th November, 2024.

10. On the basis of the above facts, a prayer has been made to allow the application.

11. When put to notice, the police has filed the status report disclosing therein, that on 15.07.2024, SI Karan Singh, along with other police officials, had reached Medical College and Hospital Ner Chowk, in order to ascertain the factual position, as entered in Rapat No.66 on the same day. In the Hospital, the Medical Officer has declared Lekh Ram, as dead. Thereafter, the dead body was inspected and the same was preserved, in the mortuary.

11.1. The information regarding the fact that one Bhimsham Dev, who has been injured in the same incident, has also come for his treatment in Civil Hospital Rati was given to the I.O., by HC Ram Chander.

11.2. Said Bhisham Dev (complainant), son of Shri Chuni Lal, got recorded his statement, under Section 173 of the BNSS , with HC Ram Chander, disclosing therein that he is working with a private contractor. On 15.07.2024, at about 7.30 p.m., he had gone to the shop of Lekh Ram, son of Munni Lal, in order to purchase Biddi, meanwhile Jagdish Kumar son of Shri Munni Lal, under the influence of liquor, came to the shop of Lekh Ram and started throwing out the benches, tables and weighing scale from the shop.

11.3. Such act of the Jagdish Kumar (applicant) was opposed by Lekh Ram, upon which, he had started beating him and had slammed him on the ground. The complainant tried to save Lekh Ram, but, Jagdish Kumar, had inflicted a stone blow on his head also. Blood started oozing out from his head.

11.4. Thereafter, other villagers, Lal Singh and his wife also