JUDGMENT

Anoop Chitkara, J. -

FIR No

Dated

Police Station

Sections

15

11.03.2021

Valtoha, District Tarn Taran

304 & 34 IPC

1. The petitioner, incarcerating upon his arrest in the FIR captioned above, came up before this Court under Section 439 of Code of Criminal Procedure, 1973 (CrPC) seeking bail.

2. In paragraph 14 of the bail petition, the accused declares that he has no criminal antecedents.

3. Petitioner's counsel prays for bail by imposing any stringent conditions.The petitioner contends that the pre-trial incarceration would cause an irreversible injustice to the petitioner and family.

4. The State opposes bail.

REASONING:

5. The allegations are of culpable homicide in connivance of the co-accused.

6. As per paragraph 5 of the bail petition, the petitioner is in custody since 14-03-2021. Given the nature of allegations, and injuries inflicted by the petitioner, viz-a-viz pre-trial custody of more than 1 year and 10 months, i.e., around two years, coupled with the other factors peculiar to this case, there would be no justifiability for further pre-trial incarceration at this stage, subject to the compliance of terms and conditions mentioned in this order. Furthermore, the petitioner is a