Rakesh Kainthla, Judge

The petitioner has filed the present petition for seeking regular bail in FIR No. 16/2025, dated 16.03.2025, registered at Police Station Kihar, District Chamba, H.P., for the commission of offences punishable under Sections 105 and 352 of the Bhartiya Nayaya Sanhita (BNS), 2023.^{1Whether reporters of Local Papers may be allowed to see the judgment? Yes.}

2. It has been asserted that, as per the prosecution, the informant and his cousin (since deceased) had gone to play cricket. The match stopped due to rain. The rain stopped at about 4:30 pm, and the petitioner, Yaseen, asked Kyum (since deceased) to start the match at 4:30 PM. Kyum declined by saying that he was to break the fast. An altercation ensued between the petitioner and Kyum. The informant tried to pacify the parties, but the accused inflicuted a blow to Kyum with a bat on his face. Kyum fell, and tohe petitioner fled away from the spot. Kyum was carried to Cthe hospital, where he was declared dead. The contents of the FIR show that the incident occurred without any premeditation. The petitioner and the deceased were good friends, and they were playing a match earlier. The police haveHfiled the charge sheet before the Court, and nothing is to be recovered from the petitioner. The petitioner would abide by the terms and conditions that the Court may impose. The petitioner had applied for bail before the learned Sessions Judge, Chamba, which was registered as Bail Application No.142/2025 and was dismissed on 14.8.2025. The petitioner filed a bail petition before this Court, which was registered as Cr.MP(M) No. 2205 of 2025 and was dismissed on 17.10.2025 on the ground that the investigation was continuing and the charge sheet had not been filed before the Court. The police have filed the charge sheet, and the trial has not progressed. Hence the petition.

3. The petition is opposed by filing the status report, asserting that the informant made a complaint to the police that a cricket match was being organised on 16.03.2025. Kyum (since deceased) was one of the players. The match was stopped due to the rain. The rain stopped at about 4:30 pm, and the petitioner and Tashi told other people to resume the play. Kyum stated that he could not play because he had to break the fast. He started going to wards his home. The petitioner asked him to complete the match. This led to an altercation between the petitioner and Kyum. The informant tried to pacify the parties, but the petitioner abused Kyum. He inflicted a blow with a bat on Kyum’s face. Kyum fell. His face started bleeding. He was carried to the hospital, where he was declared dead. The police arrested the petitioner and investigated the matter. As per the report of the analysis, the DNA profile obtained from the petitioner’s jacket, the lower and T-shirt of the deceased, soil and grass lifted from the spot, and the cricket bat matched the DNA profile obtained from the blood of the deceased. A mixed DNA profile was obtained from the petitioner’s T-shirt, and one component matched the DNA profile of the deceased. The charge sheet was filed before the Court on 13.5.2025, and the matter is listed on 25.4.2026. The petitioner is involved in the commission of the heinous offence. He would influence the witnesses in case of his release on bail. Hence, it was prayed that the present petition be dismissed.

4. I have heard Mr N.K. Thakur, learned Senior Advocate, assisted by Mr Karan Sadyal, learned counsel for the petitioner and Mr Ajit Sharma, learned Deputy Advocate General for the respondent/State.

5. Mr N.K. Thakur, learned Advocate for the petitioner, submitted that the petitioner is innocent and that he was falsely implicated. The police have filed the charge sheet but have failed to produce the evidence, which violates the petitioner’s right to a speedy trial. The petitioner is a young person, and his continued incarceration would adversely affect his chances of ref