Table of Content
1. summary of fir, prosecution case, and factual background of the crime. (Para 1 , 2 , 3)
2. summary of contending arguments regarding bail and trial status. (Para 4 , 5 , 6)
3. legal principles governing bail criteria and assessment of prima facie evidence. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15)
4. court's final refusal of bail due to heinous nature of offence. (Para 16 , 17 , 18 , 19)

Whether approved for reporting?¹Whether reporters of Local Papers may be allowed to see the judgment? Yes. No.

Rakesh Kainthla, Judge

1. The petitioner has filed the present petition for seeking regular bail in FIR No.223 of 2020, dated 15.09.2020, registered for the commission of offences punishable under Sections 302 and 394 read with Section 34 of the Indian Penal Code (IPC) at Police Station Sadar, District Bilaspur, H.P.

2. It has been asserted that, as per the prosecution, the accused entered into a criminal conspiracy and hired a taxi for a long-distance journey to rob the driver of the vehicle and eliminate him to destroy the evidence. They carried a weapon (a knife/dagger) and chilli powder. They hired a taxi bearing registration No. HP-01A-9543 near the old Bus Stand, Shimla, H.P., for ₹4500/-, which was being driven by Harish Kumar. The accused, Yuvraj, pretended to vomit on the way and asked Harish to stop the car. Sahil Maan threw the chilli powder into Harish’s eyes. The other accused overpowered him and gave him beatings. The accused, Sahil Maan, stabbed Harish with a knife. Harish sustained grievous injuries to his vital organs, leading to his death. The accused fled in the stolen vehicle, but they were arrested at Panipat. The police registered the FIR and investigated the matter. The petitioner is innocent and he was falsely implicated. There is no direct or indirect evidence to connect him with the commission of the crime. The petitioner is a permanent resident of Jammu & Kashmir. He belongs to a respectable family and has deep roots in society. There is no apprehension of his fleeing from justice. He is the sole earner of the family, and his continued incarceration would cause hardship to his family members. The investigation is complete and no recovery is to be effected from the petitioner. The petitioner has been in custody since 15.09.2020, and the trial has not concluded. This violates the petitioner’s right to a speedy trial. Hence, it was prayed that the present petition be allowed and the petitioner be released on bail.

3. The petition is opposed by filing a status report asserting that Harish Kumar, disclosed that he was a driver of a Taxi bearing registration No. HP-01A-9543. He was taking the passengers from Shimla to Chintpurni. He was attacked by those passengers with a knife. He was taken to the hospital. Davinder Singh made the statement that he was the driver of the truck bearing registration no. HP63-3431. He was stopped by one person who boarded the truck and asked for help. He became unconscious subsequently. His name was found to be Harish Kumar, who was attacked by the occupants of the car. The Police conducted the investigation. Harish Kumar succumbed to his injuries subsequently. The Police found during the investigation that Yuvraj, the petitioner, Sahil, and Rohit Singh had conspired together to hire a vehicle at Shimla and thereafter to snatch it on the way. They hired the vehicle of Harish Kumar to Chintpurni. Yuv Raj asked the driver to stop the vehicle as he was feeling nauseous. Sahil put the chilli powder in the eyes of Harish Kumar. Lalit stabbed Harish with a knife. A truck reached the spot in the meantime. The petitioner and other persons ran away from the spot. The report of analysis has been received, and as per the report, the blood sample of deceased Harish Kumar matched the blood sample taken from the spot. Blood was found on the jacket and pants of Sahil and the pants of Lalit. As per the opinion of the Medical Officer, the deceased died due to cardio-resp

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