1. Instant petition has been moved under Section 439 of the Code of Criminal Procedure for grant of regular bail in FIR No. 36/2021 dated 10.03.2021, registered under Sections 302, 451, 452, 341, 323, 506 and 34 of the Indian Penal Code at Police Station Amb, District Una H.P. The petitioner is co-accused in the said FIR and was arrested on 17.03.2021.

2. The prosecution case is that a telephonic information was received on 10.03.2021 at the concerned police station that certain persons injured in a scuffle had come for treatment at Civil Hospital Amb. The police reached the hospital. Injured Dhani Ram was declared unfit for giving statement by the medical officer. His son Balwinder Kumar got recorded his statement under Section 154 of the Cr.PC to the effect that :-

2(i). On 10.03.2021 he was at home. At around 10.00 a.m. he heard raised voice of his mother Smt. Lajwanti from outside the home. After coming out from home, he saw his paternal uncle Kewal Chand engaged in verbal dual with his father Dhani Ram. Kewal Chand pushed and threw his father Dhani Ram over the newly raised foundation. He had grappled Dhani Ram. It was with great difficulty that he and his mother saved Dhani Ram from Kewal Chand’s clutches.

2(ii). Complainant Balwinder Kumar thereafter carried his father Dhani Ram on his Scooty for the purpose of reporting the matter at Police Station, Amb. Midway, Kewal Chand’s son Raman Kumar (petitioner) who was driving a motor-cycle, stopped the motor cycle in front of the Scooty driven by the complainant, caught hold of Dhani Ram and threw him on the ground. As a result of the fall, Dhani Ram suffered serious injuries on his head. He was rushed to Civil Hospital Amb. Subsequently, he was taken Regional Hospital Una, where the medical officer declared him unfit for recording the statement.

On the basis of above statement, FIR in question was registered under Sections 451, 452, 341, 323, 506 and 34 of the Indian Penal Code. Investigation was carried out by the respondents. In the interregnum injured Dhani Ram was taken to Post Graduate Institute at Chandigarh (PGI), where he breathed his last on 17.03.2021. This led to the incorporation of Section 302 of the Indian Penal Code in the FIR. The accused persons Kewal Chand, Satinder Kumar and Raman Kumar were arrested on 17.03.2021.

3. Learned senior counsel for the petitioner argued that the other co-accused persons namely Satinder Kumar and Kewal Chand have been enlarged on regular bail. That Satinder Kumar was enlarged on bail by this Court on 18.05.2021 in Cr.MP(M) No.875/2021, whereas co-accused Kewal Chand was enlarged on bail by the learned Sessions Judge (I) Una, District Una on 10.11.2021. It was further submitted that the petitioner was falsely implicated in the FIR with the offences as alleged therein. Deceased Dhani Ram had not suffered any external injury. He had himself fallen from the Scooty sustaining internal injury, for which he was treated. Dhani Ram died after eight days of the incident in question. Learned Senior Counsel for the petitioner also submitted that the challan stands presented in the Court. The petitioner is a local resident and he is not in a position to flee or abscond. He is working as process server on contract basis under Government of Himachal Pradesh. Learned Senior Counsel also submitted that the petitioner will not pressurize or influence any person connected with the case and he will abide by all the terms and conditions of the bail, which may be imposed upon him, in case of his enlargement on bail.

Learned Additional Advocate General vehemently opposed the petition and submitted that the petitioner is accused of heinous offence under Section 302 of the IPC. The matter is now fixed for recording of statements of the witnesses. There is apprehension that the petitioner might misuse his liberty and may influence the prosecution witnesses or tamper prosecution evidence.

4. The FIR was originally registered on 10.03.2021 under Sections 451, 452, 341, 323, 506 & 34 of the Indian Penal Code. Section 302 of the Indian Penal Code was incorporated in the FIR on 17.03.2021 i.e. when injured Dhani Ram died at PGI Chandigarh. The case of the prosecution is that on 10.03.2021 at around 10.00 a.m. there was scuffle going between Dhani Ram and his brother Kewal Chand. That Kewal Chand had pushed and threw Dhani Ram over the newly raised foundation. That the complainant/Balwinder alongwith his father Dhani Ram were going on the Scooty to report the incident at Police Station Amb. Enroute, they were stopped by the petitioner, who was driving the motor cycle. That the petitioner had pulled down Dhani Ram and threw him on the ground. As a result of fall, said Dhani Ram suffered injuries.

5. Dhani Ram was intially treated at Civil Hospital Amb thereafter at Regional Hospital Una and finally at PGI Chandigarh where, he breathed his last on 17.03.2021. Dhani Ram died after eight days of the incident. He was around 70 years old at the time of his death. Cause of death reported by the medical officer reads as under:-

“Cerebral damage consequent to hard and blunt impact to head which is sufficient to cause death in ordinary course of nature.Antemortem Blunt impact and injuries possible in the manner as alleged.”

6. In the facts and circumstances of the case as have come on record, whether the petitioner had the intention to commit murder, will have to be proved by leading cogent evidence during trial. However looking to the mode and manner of commission of alleged offences, opinion of the medical officer, age of the deceased and the fact that the petitioner is behind the bars for past about 15 months, in my considered opinion his further incarceration is not warranted. The apprehension expressed by the prosecution about petitioner’s influencing prosecution witnesses and tampering with the prosecution evidence can be taken care of by imposing stringent conditions upon him. It will always be open for the prosecution to move for cancellation of bail, in case liberty being granted to the petitioner is misused by him. His father Kewal Chand and brother Satinder Kumar have already been enlarged on bail. No application has been moved by the investigating agency with the complaint that they have misused the liberty granted to them. Petitioner has no criminal antecedents. The petitioner is local resident of Shiv Nagar Takarla, Tehsil Amb, District Una, H.P., therefore, his presence can be secured in the trial. Accordingly, this bail application is allowed. Bail petitioner is ordered to be released in the above mentioned FIR, subject to his furnishing personal bond in the sum of Rs.75,000/- with one local surety in the like amount to the satisfaction of the learned trial Court having jurisdiction over the concerned Police Station, subject to the following conditions:-

(i) Petitioner is directed to join the investigation of the case as and when called for by the Investigating Officer in accordance with law. He shall fully cooperate the Investigating Officer and will appear before him in the concerned police station as and when called in accordance with law;

(ii). Petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever;

(iii). Petitioner will not leave India without prior permission of the Court;

(iv). Petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the facts of the case or to the complainant and her family members to dissuade him/her from disclosing such facts to the Court or any Police Officer;

(v). The petitioner shall attend the trial on every hearing, unless exempted in accordance with law;

(vi). Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, E-mail, PAN Card, Bank Account Number, if any; &

7. In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an opinion on the merits of the matter. Learned Trial Court shall decide the main matter without being influenced by the above observations.

8. Learned counsel for the petitioner is permitted to produce copy of order downloaded from the High Court website before the concerned authorities, who shall not insist for certified copy of the same, however, it may verify the order from the High Court website or otherwise.

9. With these observations, the instant petition is disposed of alongwith miscellaneous applications, if any.