In murder cases, prolonged pre-trial detention and trial delays do not warrant bail if prima facie involvement exists, offence gravity high, tampering risk present, and custody serves justice.

JUDGMENT :

Sushil Kukreja, J.

The instant bail application has been filed by the petitioner under Section 483 of Bharatiya Nagarik Suraksha Sanhita (for short “BNSS) for grant of bail in case FIR No. 321/2022, dated 06.12.2022, registered at Police Station Nalagarh, Police District Baddi, H.P., under Sections 302, 323, 504 read with Section 34 of Indian Penal Code ( for short “IPC”).

2. Brief facts of the case, as per the status report filed by the respondent-State, are that on 06.12.2022, one Nand Lal, Chairman, New Serenity Home Center, Nalagarh, made a complaint to the police, stating therein that a quarrel took place in the Center and a person, who sustained injuries in the quarrel, was taken to PGI Chandigarh for treatment. Later on, the police was informed that Deepak Kumar who sustained injuries died in PGI. Thereafter, during the course of investigation, police recorded statement of one Vikram Singh under Section 154 Cr. P.C., who stated that as he was a drug addict so he was admitted in the Serenity Home Center on 20.11.2022. He further stated that during intervening night of 5/6.12.2022, at around 01:30 a.m., Sandeep Kumar, Gurwinder Singh, Imran Khan (petitioner herein) and Hardeep Singh came inside the Center and Sandeep Kumar shouted the names of Sumit, Ashok, Deepak, Shivam and Amrit Pal. Accused Sandeep along with other accused persons slapped Deepak and they also took off the clothes of Sumit Kumar, Ashok, Deepak, Shivam and Amrit Pal and thereafter for about three hours, with intervals, the accused persons gave beatings to the above persons. Accused Hardeep Singh gave beatings with the help of bamboo stick. Later on, the accused persons left the spot, however, at around 07:00 a.m., in the morning, they again came back and gave beatings to the above five persons. Deepak was lying on the floor, who asked for water, so Vikram Singh and others gave him water and he fell unconscious. Thereafter, the accused persons came inside and made Deepak to wear clothes and took him outside. After half an hour, accused persons also took other injured persons out of the room. In his statement, Vikram Singh further disclosed that while the accused persons were giving beatings, they were also using abusive language and saying “how dare you brought chitta (heroin) inside.” Injured Deepak was shifted to PGI, Chandigarh for treatment, but later on he succumbed to the injuries. On the basis of the aforesaid statement of Vikram Singh, police registered the case and the investigation commenced.

3. The police during the course of investigation, collected scientific samples, effected relevant recoveries and recorded the statements of the witnesses. Postmortem examination on the corpse of the deceased was conducted. Petitioner and Hardeep were arrested on 07.12.2022. On 19.01.2023, accused Sandeep @ Kola surrendered himself before the police.

4. As per the prosecution story during interrogation, accused Hardeep got recovered the chappals and bamboo sticks, with which, he alongwith Goni @ Gurwinder Singh, petitioner and Happy @ Sukhwinder Singh gave beatings to Sumit, Ashok, Deepak, Shivam and Amrit Pal on 5/6.12.2022 in New Serenity Home, Nalagarh. During interrogation, accused Gurwinder Singh disclosed that on 5/6.12.2022, at about 1:30 A.M., he alongwith Hardeep, Imran, Happy @ Sukhwinder Singh gave beatings to Sumit, Ashok, Deepak, Shivam and Amrit Pal with chappals and bamboo sticks at Serenity Home, Nalagarh. On 25.