Rakesh Kainthla, Judge

The petitioner has filed the present petition for seeking regular bail in FIR No. 101 of 2025, dated 12.08.2025, registered at Police Station Jawali, District Kangra, H.P., for the commission of offences punishable under Section 103 (1) read with Section 3(5) of the Bhartiya Nyaya Sanhita (BNS), 2023.

2. It has been asserted that as per the prosecution Manoj Kumar (deceased) had left for work on 11.08.2025 at about 5:00 p.m. Kanika, the daughter of the deceased went to Sahbo Ram, informant, the father of the deceased at about 8 – 8:15 p.m. and told him that she had received a call from her father, who was saying that some unknown persons were beating him and were threatening to run a vehicle over him. The informant went to Bhali Camp and made inquiries. He was told that no quarrel had taken place. He received a call from his daughter-in-law, Renu, who disclosed that Manoj Kumar was taken to the hospital in an injured condition. The informant went to the hospital and found that Manoj Kumar was referred to Dr Rajendra Prasad Government Medical College and Hospital (RPGMC), Tanda. The doctor declared Manoj Kumar to be brought dead. The police checked the CCTV footage and found that the Tippers bearing registration No. HP-68A-4587 and HP-73B-5569 were taken outside the campus at about 7:45 p.m. The deceased had also left around that time. The police arrested the petitioner and the co-accused. A video recording was found on the mobile, in which the deceased was saying that he was beaten by four-lane officials. Shattan Singh and Vivesh Kumar identified the vehicles and disclosed that a tipper having yellow coloured front show had hit the deceased. The statement of the owner of the tipper was recorded. The allegations made against the petitioner are false. The investigation is complete, and the police have filed the charge sheet before the Court. The custodial interrogation of the petitioner is not required. The petitioner does not have any criminal antecedents, and he would abide by all 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 informant is the father of Manoj Kumar (since deceased). Manoj Kumar had left the home at about 5:00 p.m. on 11.08.2025. Informant’s grand-daughter Kanika came to him at about 8-8:15 p.m. and told him that Manoj Kumar had called, and he was saying that he was being beaten at Bhali Camp by two unknown persons, who were threatening to crush him (the deceased) under the truck. Subsequently, Manoj Kumar was referred to the hospital, and he was declared dead. The report of the post-mortem examination shows that the cause of death was poly-trauma leading to shock caused by multiple blunt force impacts. The police seized the CCTV footage and the video recording of the deceased Manoj Kumar, in which he was saying that he was beaten by four-lane officials. The owner of the Tipper disclosed that the Tipper had hit the deceased. The driver Varinder Kumar stated that he had handed over the Tipper bearing registration No. HP-68A-4587 to the petitioner. The report of RFSL showed that the deceased had consumed liquor, and 59.45 mg per cent alcohol was found in his blood. The police have filed the charge sheet, and the matter was listed before the learned Trial Court for consideration of the charge on 13.05.2026. Hence, the status report.

4. I have heard M/s Vijender Katoch and Mr Kapil Sharma, learned counsel for the petitioner and Mr Jitender K. Sharma, Additional Advocate General, for the respondent/State.

5. Mr Vijender Katoch, learned counsel for the petitioner, submitted that the petitioner is innocent and that he was falsely implicated. There is insufficient material to connect the petitioner to the commission of the crime. The prosecution's version, even if accepted to be correct, does not show the commission of any o