1. Applicant­Jagdish Kumar, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS'), with a prayer to release him on bail, during the pendency of trial, in case FIR No.127 of 2024, dated 16.07.2024, registered, under Sections 103(1), 115(2) and 332 (C) of the Bharatiya Nyaya Sanhita (hereinafter referred to as the ‘BNS’), with Police Station Balh, District Mandi, H.P.

2. According to the applicant, he has falsely been implicated and has wrongly been arrested, in the present case.

3. As per the applicant, all the allegations, which have been levelled in the FIR, are totally false and concocted, whereas, the real fact, according to the applicant, is that he is having a shop adjoining to the Karyana shop of the deceased at Galu Chowk. Adjoining to the said shops, a common toilet of the petitioner and deceased is there. When the applicant came out of the toilet, after responding the call of nature, son of the deceased came near him and claimed his ownership on the said toilet and hot exchange took place between them.

4. It is the further case of the applicant that thereafter, the deceased and his son had beaten the applicant with the help of wooden stick, by inflicting injuries, on his head and due to those injuries, blood started oozing out from his head.

5. According to the applicant, when, he was saving himself from their clutches, deceased fell down and got sub­conscious. It is the further case of the applicant that he is already suffering from acute cardiac problem i.e. blockade to the tune of 90% and 80% in two arteries.

6. To substantiate his plea that the death was not caused on account of injuries, the applicant has relied upon the RFSL report and postmortem examination report of the deceased.

7. According to the applicant, investigation, in the present case, is complete and the applicant is in judicial custody, for the last more than six months, as such, no useful purpose would be served by keeping him in judicial custody.

8. The applicant has given certain undertakings, for which, he is ready to abide by, in case, ordered to be released on bail.

9. The applicant has also tried his luck by moving similar application, before learned Sessions Judge, Mandi, District Mandi, however, his application was dismissed, vide order, dated 16th November, 2024.

10. On the basis of the above facts, a prayer has been made to allow the application.

11. When put to notice, the police has filed the status report disclosing therein, that on 15.07.2024, SI Karan Singh, along with other police officials, had reached Medical College and Hospital Ner Chowk, in order to ascertain the factual position, as entered in Rapat No.66 on the same day. In the Hospital, the Medical Officer has declared Lekh Ram, as dead. Thereafter, the dead body was inspected and the same was preserved, in the mortuary.

11.1. The information regarding the fact that one Bhimsham Dev, who has been injured in the same incident, has also come for his treatment in Civil Hospital Rati was given to the I.O., by HC Ram Chander.

11.2. Said Bhisham Dev (complainant), son of Shri Chuni Lal, got recorded his statement, under Section 173 of the BNSS, with HC Ram Chander, disclosing therein that he is working with a private contractor. On 15.07.2024, at about 7.30 p.m., he had gone to the shop of Lekh Ram, son of Munni Lal, in order to purchase Biddi, meanwhile Jagdish Kumar son of Shri Munni Lal, under the influence of liquor, came to the shop of Lekh Ram and started throwing out the benches, tables and weighing scale from the shop.

11.3. Such act of the Jagdish Kumar (applicant) was opposed by Lekh Ram, upon which, he had started beating him and had slammed him on the ground. The complainant tried to save Lekh Ram, but, Jagdish Kumar, had inflicted a stone blow on his head also. Blood started oozing out from his head.

11.4. Thereafter, other villagers, Lal Singh and his wife also came there. Due to oozing out the blood from Lekh Ram’s head, he became unconscious, and when he regained consciousness, 10­12 persons from his village were there, who took Lekh Ram to Medical College Ner Chowk. The complainant was also taken to Rati Hospital, by the son of Lekh Ram, where, during treatment, he came to know that Lekh Ram has expired. According to his version, due to the beatings given by Jagdish (applicant) to him, as well as, Lekh Ram, action be taken against Jagdish Kumar (applicant).

11.5. Thereafter, the police has registered the FIR, in question and the police machinery swung into motion.

11.6. Initially, the investigation was conducted by HC Ram Chander. Thereafter, further investigation was conducted by SI Karan Singh. Jagdish Kumar (applicant) had gone to Police Station to lodge report regarding quarrel, by moving a complaint, upon which, the report was lodged. He was medico­legally examined.

11.7. Applicant, during investigation, has disclosed that there is dispute between him and his brother Lekh Ram regarding the toilet and land, due to which, a quarrel had taken place on 15.07.2024, between him and his brother. He was under the influence of liquor. During scuffle/ quarrel, Lekh Ram fell down and thereafter accused (applicant) did not remember as to what had happened on the spot. He was arrested on 16.7.2024, at about 7.25 a.m.

11.8. Thereafter postmortem examination of dead body of Lekh Ram was conducted in Medical College and Hospital, Ner Chowk. Spot was visited by the team of RFSL Mandi. From the spot, physical evidence was taken into possession.

11.9. On 23.12.2024, SI Nagender Singh, has submitted the following documents, before the doctor for opinion:­

"1. Original requisition number 3625/5A, dated 23.12.2024 from SHO, PS Balh

2. Original PMR No. 106/2024, dated 16/07/2024 of deceased Lekh Ram.

It is noteworthy that opinion regarding cause of death in this case has already been given on dated 18.12.2024 as cardiac insufficiency due to obstruction in coronary arteries."

11.10. The doctor has given the following opinion :­

“1. Cardiac insufficiency due to obstruction in coronary arteries could be due to pre­existing heart disease and any physical assault cannot cause blockage of coronary arteries.

2. The cause of death in this case in my Opinion is not due to physical assault and the alleged history of "fight" before death of a person is merely a Coincidence.”

12. On the basis of the above facts, a prayer has been made to dismiss the application.

13. At the time of deciding the bail application, detailed discussion about the evidence, so collected, by the prosecution, should be avoided, as, the same would cause prejudice to the case of the prosecution or that of the accused. However, keeping in view the fact that the doctor, in this case, has given the opinion that the cause of death is not due to physical assault and the alleged history of fight before death of a person is merely a coincidence, read with the fact that the investigation, in this case, is complete and challan has been filed, this Court is of the view that no useful purpose would be served by keeping the applicant in the judicial custody, that too, for indefinite period.

14. The applicant is in custody, in this case, since 16.07.2024 and in the status report, it has not been apprehended that in case, the applicant is released on bail, he may coerce the witnesses or may not be available for trial.

15. The bail application cannot be rejected as a matter of punishment, as, dismissal of the application is nothing, but, sending the applicant, in judicial custody.

16. Moreover, the trial of the case will take sufficient long time, as such, no useful purpose would be served by rejecting the application, which would amount to convict the applicant, prior to trial. Pre­trial punishment is prohibited under the law. Punishment can only be imposed, after the full fledged trial.

17. Even otherwise, in the BNSS, the legislature, in its wisdom, has not defined as to which offences are serious or which are non­serious.

18. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. The applicant is ordered to be released on bail in case FIR No.127 of 2024, dated 16.07.2024, registered, under Sections 103(1), and 115(2) of the BNS, with Police Station Balh, District Mandi, H.P., on his furnishing personal bond, in the sum of Rs.50,000/­, with one surety, in the like amount, to the satisfaction of learned trial Court.

19. This order of release, however, shall be subject to the following conditions :­

“a) Applicant shall make himself available for the purpose of interrogation, if so required and regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application;

b) Applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;

c) Applicant shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or the Police Officer; and

d) Applicant shall not leave the territory of India without the prior permission of the Court.”

20. Any of the observations made herein above shall not be taken as an expression of opinion on the merits of the case as these observations are confined only to the disposal of the present bail application.

21. It is made clear that the respondent­State is at liberty to move an appropriate application, in case, any of the bail conditions is found to be violated by the bail applicant/petitioner.

22. The Registry is directed to forward a soft copy of the bail order to the Superintendent Jail, District Jail, Mandi, District Mandi through e­mail, with a direction to enter the date of grant of bail in the e­prison software.

23. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent Jail, District Jail, Mandi, District Mandi, is directed to inform this fact to the Secretary, DLSA, Mandi. The Superintendent Jail, District Jail, Mandi, District Mandi, is further directed that if the applicant fails to furnish the bail bonds, as per the order passed by this Court, within a period of one month from today, then, the said fact be submitted to this Court.

Record be returned to the quarter concerned.