Successive bail in serious offences granted on material change like trial delay and co-accused releases, upholding speedy trial right under Article 21 despite prior rejection.

Judgment :

Rakesh Kainthla, J.

The petitioner has filed the present petition for seeking regular bail in FIR No. 77 of 2023, dated 11.07.2023, registered at Police Station, Dharampur, District Solan, H.P., for the commission of offences punishable under Sections 147, 148, 302, 323, 341, and 504 read with Section 149 of the Indian Penal Code (IPC).

2. It has been asserted that the petitioner was arrested on 14.07.2023. The police have completed the investigation, and the petitioner is not required for interrogation. The matter is pending before the learned Trial Court and is listed on 08.12.2025 for recording the statements of prosecution witnesses. The co-accused Dalbir and Kishan Lal have been enlarged on bail by the learned Trial Court. Co-accused Dhimanshu was enlarged on bail by this Court on 13.08.2025. No fruitful purpose would be served by detaining the petitioner in custody. The petitioner is a permanent resident of District Solan. He has deep roots in society, and there is no chance of his absconding. He would abide by the terms and conditions which the Court may impose. He had earlier filed a bail petition, which was dismissed by this Court. The present bail petition has been filed due to a change in the circumstances. Hence, it has been prayed that the petitioner be released on bail.

3. 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 the boy. The informant and Lalit alias Suraj also talked to him. He abused them and called them near the Kumarhatti Flyover. The informant, Hasan Khan and Lalit went to the 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 the 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 the angle iron, which was insufficient for serological examination. The orange colour of the angle iron and the sample was found to be similar. The petitioner had inflicted injury on the head of Lalit alias Suraj. The prosecution has cited 27 witnesses, out of whom one has been examined, one has died, and 25 witnesses are yet to be examined. The matter is listed before the learned Trial Court on 18.12.2025 for recording the statement of prosecution witnesses at Serial Nos. 1, 5 and 6. Hence, the status report.

4. I have heard Ms. Kanta Thakur, learned counsel for the petitioner and Mr. Tarun Pathak, learned Deputy Advocate General, for the respondent-State.

5. Ms Kanta Thakur, learned counsel for the petitioner, submitted that the petitioner is innocent and he was falsely implicated. There is no material to connect him with the commission of crime. The co-accused have already been enlarged on bail, and the pet