Bail denied in murder case due to criminal antecedents including proclaimed offender status and conviction, eyewitness assault evidence, blood findings, offence gravity, and absconding risk; arrest grounds rule prospective only.

JUDGMENT :

Rakesh Kainthla, J.

The petitioner has filed the present petition for seeking regular bail in FIR No. 86 of 2023, dated 29.07.2023, registered at Police Station Dharampur, District Solan, H.P., for the commission of an offence punishable under Section 302 read with Section 34 of the Indian Penal Code (in short “IPC”).

2. It has been asserted that the grounds of arrest were not communicated to the petitioner, which is violative of Article 22 of the Constitution of India; hence, the petitioner is entitled to bail. F.I.R. No. 50 of 2004, dated 04.04.2004 and F.I.R. No. 121 of 2013, dated 01.10.2013, have been registered against the petitioner. No witness has been examined by the prosecution. The petitioner would abide by all the terms and conditions that the Court may impose. Hence, the present petition.

3. The petition is opposed by filing a status report asserting that the police station received a call on 29.07.2023 that one person was lying near the Yug Homestay. The police went to the spot and found one person lying dead, whose name was found to be Kashmir s/o Ishar. He had suffered multiple injuries, and his clothes were blood-stained. Informant, Yugal Thakur, made a statement to the police that he is running Yug Homestay. He had stayed in the Homestay on 28.07.2023. He heard some noise at about 01:00-01:30 am. He came out and saw that Hira Lal @ Golu and Puran Chand (petitioner) were beating Kashmir with sticks. Kashmir stated that his arm was fractured. He rescued Kashmir from the petitioner and the co-accused. The petitioner disclosed that Kashmir was teasing his mother and wife. The petitioner and the co-accused dragged Kashmir towards Subathu. He found in the morning that someone was lying unconscious at 300 meters from the Homestay. He went to the spot and identified the person as Kashmir. Virender informed the police. The police registered the FIR and investigated the matter. The petitioner and the co- accused produced the sticks with which the beatings were given to Kashmir. The samples were collected and sent to the State Forensic Science Laboratory (SFSL), Junga. As per the result of analysis, human blood stains were found on the stones/concrete, Nail clippings, Shirt, Pyjama, T-shirt and lower of Kashmir Chand. The result of the DNA analysis is awaited. The charge- sheet was filed before the Court on 16.08.2025. The matter was listed for recording the statements of prosecution witnesses on 17.09.2025. No FIR has been lodged against the petitioner. The petitioner is involved in the commission of a heinous crime. F.I.R. No. 50 of 2004, dated 04.04.2004, for the commission of offences punishable under Section 382 read with Section 34 of IPC was registered against the petitioner, in which the petitioner was declared a proclaimed offender on 17.07.2008. The petitioner was convicted in F.I.R. No.121 of 2013 dated 01.10.2013, registered for the commission of offences punishable under Sections 457 and 380 of the , at Police Station Dharampur, District Solan, H.P. Hence, it was prayed that the present petition be dismissed.

4. I have heard Mr Pavinder, learned counsel for the petitioner and Mr Jitender K. Sharma, learned Additional Advocate General, for the respondent/State.

5. Mr Pavinder, learned counsel for the petitioner, submitted that the grounds of arrest were not communicated to the petitioner