Bail in heinous offences like murder is not a matter of course; when there is prima facie incriminating evidence, serious nature of the crime, and severe potential punishment, the court must judiciously deny bail even if the trial is ongoing.

The petitioner has filed the present petition seeking regular bail in FIR No. 128 of 2022, dated 28.10.2022, registered at Police Station Kala Amb, District Sirmaur, H.P., for the commission of an offence punishable under Section 302 of the Indian Penal Code (IPC).

2. It has been asserted that Tunnu Paswan, the informant and contractor, Arvind Singh, resided in the common room inside the premises of the Ambika Alliance company. The informant was preparing dinner on 27.10.2022 at about 9:15 PM. The contractor, Arvind Singh, went outside and did not return for quite some time. The informant asked Guddu Paswan to look for the contractor. Guddu Paswan returned and told that Ramesh Rajbhar, the petitioner, was assaulting contractor Arvind Singh in the bathroom. The informant went to the bathroom and saw the petitioner giving blows to Arvind with some weapon. The informant tried to rescue Arvind Singh, but the petitioner inflicted blows on the informant. The informant shouted for help, upon which Chhotan, Tariq, Rajinder and other labourers reached the spot. The petitioner was saying that Arvind Singh had not returned his money, and he had killed him because of this fact. Arvind Singh was brought to the hospital, but he was declared dead. The matter was reported to the police, and the police investigated it. The police filed the chargesheet after the completion of the investigation. The petitioner was arrested on 27.10.2022. His behaviour inside the jail was satisfactory. The prosecution has failed to complete the evidence, and this violates the petitioner’s right to a speedy trial. The petitioner would abide by the terms and conditions that the Court may impose. 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 the police received information on 27.10.2022 that two persons had quarrelled with each other inside Ambika Company premises. The police went to the spot and made preliminary inquiries. It was found that the injured person was taken to the hospital. The police visited the hospital where the informant made a statement to the police that he was preparing food on 27.10.2022 at about 9:15 PM. Arvind Singh, the informant’s roommate, went outside the room. He did not return for some time, and the informant asked Guddu Paswam to look for him. Guddu Paswan told the informant that the petitioner, Ramesh Rajbhar, was beating Arvind Singh. The informant rushed to the spot and found that the petitioner had inflicted injuries on the face of Arvind Singh with some weapon. The informant tried to save Arvind Singh, but the petitioner attacked the informant. The informant shouted for help, and Chhotan, Tariq, Rajinder, Shiv Babu and other persons reached the spot. The petitioner was saying that Arvind had not returned his money; hence, he had beaten Arvind. The injured Arvind was taken to the hospital, where he succumbed to his injuries. The police registered the FIR and investigated the matter. The police found 10-12 cut marks on the face and head of the deceased caused by a sharp-edged weapon. The police seized the material objects and sent the dead body for an autopsy. The petitioner made a statement that he had concealed the weapon of offence, which could be got recovered by him. He led the police to a junkyard and got a metallic chopper recovered that was seized by the police. The Medical Officer opined that the injuries could have been caused by the kind of weapon recovered by the police. The blood stains were foun