Bail granted in murder case emphasizing prolonged incarceration, completed investigation, examined witnesses, trial delay overrule offence gravity; personal liberty paramount, presumption of innocence applies, 'bail not jail' unless specific risks evident.

JUDGMENT :

Bipin Chander Negi, J.

The present bail petitions have been filed under Section 483 of the BNSS for grant of regular bail, in FIR No.14 of 2024, dated 21.03.2024, registered at Police Station, Mcleodganj, District Kangra, H.P., under Sections 302, 323, 147 and 149 of the Indian Penal Code.

2. I have heard learned counsel for the parties. Perused the record and the status report.

3. In the case at hand, a telephonic information was received in Police Station Mcleodganj from the hospital that an individual belonging to the State of Punjab has been brought to the hospital and he has dead. On receiving the aforesaid information, the police rushed to the Zonal Hospital, Dharamshala. The informant in the case at hand is one Harmanpreet Singh, who got recorded his statement under Section 154 Cr.PC. As per the informant on 20.03.2024, he along with his elder brother Navdeep Singh, brother-in-law Gagandeep Singh and their friend Sandeep Awan had come to Mcleodganj in vehicle bearing No. PB-36H-7127.

4. At Mcleodganj, they had stayed at hotel named OM Palace at Bhagsunag. On 21.03.2024 for having breakfast, they had gone Aryan Coffee Shop. When they were sitting inside the coffee shop, the owner of the shop had asked them to refrain from consuming alcohol in his coffee shop. Informant along with others had informed the coffee shop owner (Hoshiar Singh/bail petitioner in Cr.MP(M) No.2824/25) that they would not be consuming alcohol in the morning.

5. Upon this, an altercation took place inside the coffee shop. While the altercation was taken place inside coffee shop, the son of the coffee shop owner (Aryan/bail petitioner in Cr.MP(M) No.2823/25) also arrived on the spot. The father, son duo pushed the informant along with Navdeep, Gagandeep and Sanjeev Avan outside the coffee shop. Once they were outside the coffee shop, Hoshiar Singh owner of the coffee shop loudly insinuated against the aforesaid four individuals.

6. On hearing Hoshiar Singh (bail petitioner), coffee shop owner shouting at the aforesaid four individuals, his relatives Ankush Kumar @ Garati, Ankush Kapoor, Kunal Neharia @ Sagar, Vicky, taxi operator Raman Kumar @ Banta and one Ajay Kumar rushed towards the coffee shop. Ajay Kumar accused, Ankush Kumar @ Garati, Hoshiar Singh and accused Aryan (both bail petitioners) got hold of deceased Navdeep Singh outside the coffee shop

7. The other individuals including Kunal Nehria @ Sagar started beating Harmanpreet Singh, Gagandeep Singh, Sanjeev Ayan and pushed them towards rain shed, in the ensuing scuffle. As per the own case of the prosecution, insofar as the scuffle with the deceased Navdeep Singh is concerned, only Ankush Kumar @ Garati, Hoshiar Singh (bail petitioner) and Aryan (bail petitioner) of the coffee shop owner are said to have been involved.

8. Investigation in the case at hand is complete. Challan stands filed on 06.06.2024. No recoveries are to be effected from the petitioner.

9. The Supreme Court in Siddharam Satlingappa Mhetre v. State of Maharashtra , (2011) 1 SCC 694 has observed that personal liberty of an individual is a precious fundamental right and should not be curtailed unless it is imperative in the given facts and circumstances.

10. No doubt, the allegations are serious but these are mere allegations and at this stage, presumption of innocence attaches to the accused. In Prabhakar Tewari v. State of Uttar Pradesh and Another , (2020) 11 SCC 648, the Supreme Court held that seriousness of allegations cannot be the sole factor to deny bail to an accused. The same view was taken by the Delhi High Court in Navendu Babbar v. State of NCT of Delhi , 2020 SCC OnLine Del 2345, where it was observed that the offence is no doubt grave and