The court established that the evidence did not support a murder charge under Section 302 IPC, indicating a potential culpable homicide, thus granting bail based on the circumstances of the case.

JUDGMENT :

(Rakesh Kainthla, J.)

The petitioner has filed the present petition for seeking regular bail. It has been asserted that the petitioner was arrested vide F.I.R. No. 224 of 2023, dated 22.08.2023, registered for the commission of an offence punishable under Section 302 of Indian Penal Code (in short ‘IPC’) at Police Station Baddi, District Solan, H.P. The petitioner is in custody for more than one year and five months and there is no possibility of early conclusion of the trial. The petitioner is ready and willing to abide by all 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 police received information regarding the death of Sakinder. The police reached the spot and found the dead body. Injuries were found on the chest and left thigh. It was found that the deceased had consumed alcohol throughout the day on 15.08.2023. He subsequently went to the room of the present petitioner. Another person was present in the room. All of them consumed liquor and chicken. The petitioner and Sakinder quarrelled. Sakinder called Daleep and Roshan to the petitioner’s room. All of them gave beatings to the petitioner. Rajesh Kumar inflicted injuries on the person of Sakinder and Daleep. Sakinder went to the room of Guddu, where he showed his injuries. Sakinder was taken to a medical store, and the petitioner was taken to ESI Hospital. Subsequently, Sakinder succumbed to his injuries. As per the report of the Medical Officer, Sakinder died as a result of multiple antemortem injuries. The police seized various articles. Mithlesh Kumar made an application before the police. The police registered the FIR based on the application. The petitioner got recovered the weapon of offence. The challan has been filed before the Court. Four witnesses have been examined, and 26 witnesses are yet to be examined. The matter is now listed on 26/27.03.2025 for recording the statements of the prosecution’s witnesses; hence, the status report.

3. I have heard Mr. Karan Kapoor, learned counsel for the petitioner and Mr. Prashant Sen, learned Deputy Advocate General, for the respondent/State.

4. Mr Karan Kapoor, learned counsel for the petitioner, submitted that the petitioner is innocent and he was falsely implicated. As per the report of RFSL, no blood was found on the weapon of offence stated to have been recovered at the instance of the petitioner. Immediate medical aid was not provided to Sakinder, and his life could have been saved by the medical aid. Therefore, he prayed that the present petition be allowed and the petitioner be released on bail.

5. Mr. Prashant Sen, learned Deputy Advocate General, for the respondent/State submitted that the petitioner is involved in the commission of a heinous crime, which is punishable with capital punishment. Keeping in view the severity of the punishment and the gravity of the offence, the petitioner should not be released on bail; hence, he prayed that the present petition be dismissed.

6. I have given considerable thought to the submissions made at the bar and have gone through the records carefully.

7. The parameters for granting bail were considered by the Hon’ble Supreme Court in Ajwar v. Waseem (2024) 10 SCC 768: 2024 SCC OnLine SC 974, wherein it was observed as under at page 783: -

“Relevant parameters for granting bail

26. While considering as to whether bail ought to be granted in a matter involving a serious criminal offence, the Court must consider relevant factors like the nature of the accusations made against the accused, the manner in which the crime is alleged to have been committed, the gravity of the offence, the role attributed to the accused, the criminal antecedents of the accused, the probability of tampering of the witnesses and repeating the offence, if the accused are released on bail, the likelihood of the accused being unavailable in the event bail is granted, the possibility of obstructing the proc