Bail granted as mistaken shooting of hidden person for wild fowl during hunt not murder but bailable rash act; post-mortem body tampering bailable; licensed gun no Arms Act violation.

JUDGMENT :

Rakesh Kainthla, J.

The petitioner has filed the present petition for seeking regular bail in FIR No. 23 of 2025, dated 24.01.2025, registered at Police Station Sadar, Solan, District Solan (HP), for the commission of offences punishable under Sections 103 (1), and 238 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 (hereinafter referred as BNS) and Sections 25 and 27 of the Arms Act, 1959.

2. It has been asserted that the petitioner was arrested on 24.01.2025. The investigation is complete and the charge sheet has been filed before the Court. The matter is listed for consideration on charge on 10.10.2025. The prosecution has cited 38 witnesses, and the conclusion of the trial is likely to take some time. As per the prosecution, the deceased, Som Dutt alias Sonu, was found missing on 21.01.2025. The police found after the investigation that Sonu, Bhutto and Sandeep Kumar @ Ajay (the present petitioner) had gone to the forest carrying guns. Subsequently, Sonu’s dead body was found. The police arrested the petitioner on 24.01.2025. The grounds of arrest were not supplied to the petitioner. The deceased was armed with a gun and had consumed liquor. The possibility of the deceased shooting himself cannot be ruled out. There is no direct witness to the incident. The petitioner is a permanent resident of District Solan, and there is no chance of his absconding. The investigation is complete, and the petitioner cannot tamper with the evidence. The petitioner would abide by the terms and conditions which the Court may impose. Hence, the present petition.

3. The petition is opposed by filing a status report asserting that the deceased Som Dutt alias Sonu had gone to the 'jungle' on 21.01.2025 with a gun of his neighbour Krishan Singh. He did not return. His phone was found to be switched off. The petitioner and another person were also seen going to the 'jungle' carrying a gun. The police registered the FIR and interrogated Bhutto and the petitioner. The petitioner disclosed a cave where the head of the dead body was severed, and the rest of the body was set on fire. He also produced one SBBL, which was seized by the police. He also got recovered a gun concealed in the cow dung. The place where the head was burnt and buried was also identified. A partially burnt dead body without the head was recovered by the police. As per the report, the cause of death was haemorrhage and shock secondary to ante-mortem multiple penetrating gunshot wounds to the chest and head region caused by a smooth weapon. Post-mortem decapitation of the head was also found. The quantity of alcohol in the blood of the deceased was found to be 85.82 mg %. The police recovered various other articles.

4. The investigation revealed that Bhutto is posted as a pump operator in a pump installed in the 'jungle'. He and the petitioner went to the 'jungle'. Petitioner had a gun. Som Dutt had also gone to the same 'jungle' earlier, armed with a gun. He had also consumed liquor. The petitioner and Bhutto were searching for a wild animal. The deceased had concealed himself in the bushes. Petitioner and Bhutto mistook him for a wild fowl. Petitioner shot at the bushes where Som Dutt had hidden himself, and Som Dutt died. The petitioner and Bhutto took the dead body, severed its head with a 'darat' and burnt the body. They took the head to another place where it was burnt and buried. The gun residues were found in the gun recovered by the police. Bhutto had called the present petitioner to the 'jungle' for hunting. They were searching for the wild animal. They shot at Som Dutt, who had concealed himself in the bushes mistakenly. Petitioner had accompanied Bhutto. The police filed a charge sheet before the Court. Matter is listed for consideration of the charge on 10.10.2025.

6. I have heard M/s Ajay Sipahiya, Pankaj Chauhan & Tarun Mehta, learned counsel for the petitioner and M