JUDGMENT :

Kuldeep Tiwari, J. (Oral)

The gravamen, which are encapsulated in the instant petition is the long incarceration suffered by the petitioner i.e. more than 1 year and 3 months as on today, therefore, the petitioner has filed the instant petition, seeking the relief of regular bail in case FIR No.158 dated 19.07.2023 under Sections 148/149/323/506/302 of IPC, 1860 (Section 302 of IPC, was added later on) registered at Police Station Pinangwan, District Nuh.

2. The prosecution agency was set into motion on a statement suffered by the complainant Sahid s/o Kasam (brother of the deceased) wherein, he alleged that the petitioner along with other co-accused caused injuries to his deceased brother Sakul. In pursuance of his statement, earlier the FIR was registered under Sections 323/148/149/506 of IPC. The injured, who is brother of the complainant, suffered injuries at the hands of the accused mentioned in the FIR, unfortunately died on dated 07.09.2023 which led the prosecution agency to invoke the provision of Section 302 IPC in the instant FIR. The relevant extract of the statement of the complainant reads as under:-

'That on 19.07.2023, the complainant Sahid son ofKasam, came to the Police Station and presented a complaing alongwith copy of MLR dated 16.07.2023 of Saikul son of Azad, in which two injuries were shown. The complainant stated that on 16.07.2023, accused Jameel son of Chota, Tarif Tasleem sons of Jameel, Usman son of Attar Khan, Aarif son of Usman, Mosim @ Musa son of Usman, Aamir son of Ramjan, Imran son of Sahid, Saddik son of Sirdar and 7-8 unidentified persons, kidnapped his minor son Sahil, aged about 15 years and took him in jungle. The accused beat his son Sahil and alleged that he had committed theft of mobile phone. The above named accused forced his son Sahil, to admit the theft of mobile phone and prepared a video of his statement. Thereafter, accused took his son to their house and informed him on telephone that his son Sahil had committed theft of mobile. Thereafter, he, his cousin brother Saikul son of Ajad (since deceased), reached at the house of accused at around 6:00 PM. All the accused were present there armed with cudgels, iron rod, sticks, farsa etc. The accused attacked upon them. Accused Usman and Saddik caught hands of Saikul. Accused Jameel gave a cudgel blow on the head of Saikul. Accused Tarif, gave a farsa blow from reverse side on the head of Saikul. Accused Aamir gave iron rod blow on the head of Saikul. Thereafter, Saikul became unconscious and fell down. He and his son Sahil ran from there and reached at their house. The accused chased them and intruded their house and beat them. On hearing noise, Fakruddin son of Abdul Sattar, Sher Mohd. Son of Jaikam and some other neighbourers reached there and saved them from the clutches of the accused. Thereafter, accused went on the roof of their houses and pelted stones upon his house. Then police was informed by making call on phone No. 112. On seeing the police party, accused stopped the occurrence. Saikul was taken to CHC, Punhana and from there, he was referred to Medical College, Nalhar. After some time, Saikul was referred and he was under treatment in PGIMS, Rohtak. '

3. A perusal of the above FIR reflects that the petitioner is allegedly a person, who caught hold the hands of deceased Sakul, whereas, the other coaccused inflicted injuries upon him.

SUBMISSIONS BY THE LEARNED COUNSEL FOR THE PETITIONER

4. Learned counsel for the petitioner in the asking for the relief (supra), submits that there is no allegation that the petitioner has caused any injury to the deceased, though he is stated to have been caught hold the hands of the deceased while other co-accused inflicted injuries upon the deceased. He further submits that the petitioner has suffered incarceration of more than 1 year and 3 months as on today, and he is a man of clean antecedents. Finally, he submits that the trial is yet to begin in the instant case, therefore, the