IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.MP(M) No. 821 of 2025 Decided on 19th August, 2025 ___________________________________________________ Rakesh Kumar ……….. petitioner Versus State of Himachal Pradesh ……….respondent ____________________________________________________ Coram: Hon'ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting? 1 For the petitioner : Mr. Vipin Pandit and Mr. Parikshit Sharma, Advocates. For the respondent : Mr. Manish Thakur, Deputy Advocate General for the respondent. : Ms. Suchitra Sen, Advocate, for the complainant. :; ____________________________________________________ Bipin Chander Negi, Judge (oral) The present bail petition has been filed under Section 483 of the BNSS for grant of bail, in FIR No.99 of 2023, dated 11.04.2023 under Section 302 read with Section 34 of the Indian Penal Code registered at Police Station, Baddi, District Solan H.P. 2. The deceased, in the case at hand is one Devinder Kumar. The informant is the father of the deceased i.e. one Sh. Mahender Singh. On 11.04.2023 in response to a telephonic call received from Panchayat Pradhan, Mahender Singh went to Malpur NH. There, he found dead body of his son Devinder 1 Whether the reporters of the local papers may be allowed to see the judgment? 2 Kumar. On the dead body of the deceased there were beating marks. 3. During investigation, it transpired that the present bail petitioner alongwith his accomplice has taken Devinder Kumar from Krishnpura to Nanoval side in Vehicle No. HP12N-1755 (swift car). There they had beaten the deceased with fists. Subsequent thereto, they had brought the deceased to Labour Chowk, Baddi. 4. It is alleged that bail petitioner had purchased Bamboo sticks at Chakka Road Baddi. Thereafter, the bail- petitioner and Shiv Kumar took the deceased towards NH Malpur. They stopped their vehicle near canter union and here again started beating the deceased severely with Bamboo sticks. 5. They then had offloaded the deceased at NH 105 Malpur in front of the Petrol Pump. After dumping the dead body they left in the same vehicle. Devinder Kumar died of the beatings given by the bail-petitioner and his accomplice. 6. It is the case of the prosecution that the deceased used to send vulgar messages to bail petitioner and his sister. The deceased had hacked an Instagram ID of bail petitioner. 7. I have heard learned counsel for the parties and perused the record. 8. The FIR in the case at hand was registered on 11.4.2023. The bail petitioner has been in custody ever since on 11.4.2023. Investigation in the case at hand was completed and 3 challan was presented on 3rd July, 2023. In all, there are 52 witnesses to be examined by the prosecution. Till date, 12 witnesses have been examined. The matter is now posted for examination of witnesses on 6th/7th November, 2025. On the said date, six witnesses have been called for. 9. From the aforesaid, it is evident that the trial in the case at hand is not likely to complete in the near future. The accused has a right for a speedy trial. The same emanates under Article 21 of the Constitution of India. In this respect, a reference can be made to (2017) 2 SCC 731 titled as Umarmia Alias Mamumia vs. State of Gujarat. Other than the aforesaid in Zahur Haider Zaidi vs. Central Bureau of Investigation, (2019) 20 SCC 404, taking into account the period of custody suffered and the likely time that may be taken for completion of trial, the accused therein had been released on bail in offences under Section 302 of the Indian Penal Code. 10. Besides the aforesaid, at this juncture, it would be appropriate to refer to judgment passed by the Apex Court dated 9.9.2021 titled as Balwinder Singh vs. State of Punjab and another, wherein on account of delay in completion of trial, the accused had been released. Relevant extract is being reproduced here-in-below:- “7. An accused has a right to a fair trial and while a hurried trial is frowned upon as it may not give sufficient time to prepare for the defence, an inordinate delay in conclusion of the trial would 4 infringe the right of an accused guaranteed under Article 21 of the Constitution. 8. It is not for nothing the author Oscar Wilde in “The Ballad of Reading Gaol”, wrote the following poignant lines while being incarcerated:- I Know not whether laws be right, Or whether laws be wrong; All that we know who be in jail Is that the wall is strong; And that each day is like a year, A year whose days are long.” 11. Personal liberty is a very precious fundamental right. The same is to be curtailed only when it becomes imperative, according to the peculiar facts and circumstances of each case. 12. The object of bail is to secure the attendance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. 13. The consequences of pre-trial incarceration are grave. A person presumed innocent is subjected to psychological and physical deprivations of jail. Further, a jailed individual is prevented from contributing to the preparation of his defence. The burden of his detention falls heavily on the innocent members of his family. 14. Nothing unfavourable has been stated in the status report qua the social circumstances of the petitioner whereby it can be made out that the petitioner is likely to betray the confidence, that the Court may place in him to turn out to take justice at the hands of the Court. 5 15. The petitioner is a permanent resident of Village Dabara, P.O. Sai, Tehsil Baddi, District Solan H.P. and the respondent-State has not expressed any apprehension of the petitioner fleeing from justice. In any case, the petitioner can be put to terms for the purpose of safe, secure and un-obstructed completion of trial. 16. Hence, after going through the material available on record and considering the overall facts and circumstances of the case, this Court finds that the present is a fit case where judicial discretion to admit the petitioner on bail is required to be exercised in his favour. Accordingly, the bail application is allowed and it is ordered that the petitioner, who has been arrested by the police, in case FIR No.99 of 2023, dated 11.04.2023 under Section 302 read with Section 34 of the Indian Penal Code registered at Police Station, Baddi, District Solan H.P shall be forthwith released on bail, subject to his furnishing personal bond to the tune of Rs.1,00,000/- (one lakh) with one local surety in the like amount, to the satisfaction of learned trial Court. This bail order is subject, however, to the following conditions:- (i). Petitioner shall 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; (ii) Petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever; 6 (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 victim and Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer; (v) 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, Email, PAN Card, Bank Account Number, if any; & (vi) It is made clear that in case petitioner is arraigned as an accused, in future, in any FIR, then his bail is liable to be cancelled. It is open for the Investigating Agency to move appropriate application in that regard. 17. Needless to say that the Investigating agency shall be at liberty to move this Court for cancellation of the bail, if any of the aforesaid conditions are violated by the petitioner. 18. Be it stated that any expression of opinion given in this order does not mean an expression of opinion on the merits of the case and the trial Court will not be influenced by any observations made therein. 19. The Registry is directed to forward a soft copy of the bail order to the Superintendent, Model Central Jail, Kanda, District Shimla, H.P., through email, with a direction to enter the date of grant of bail in the e-prison software. 7 20. In case, the petitioner is not released within a period of seven days from the date of grant of bail, the Superintendent, Model Central Jail, Kanda, District Shimla, H.P., is directed to inform this fact to the Secretary, DLSA, Kusumpati Shimla/Solan. The Superintendent, Model Central Jail, Kanda, District Shimla, H.P., is further directed that if the petitioner fail to furnish the bail bonds, as per the order passed by this Court, within a period of one month from today, the said fact be submitted to this Court. 21. The petition stand accordingly disposed of. A copy of this order be sent to the Superintendent, Model Central Jail, Kanda, District Shimla, H.P. and the learned trial Court by FASTER. 22. A downloaded copy of this order shall be accepted by the learned Trial Court while accepting the bail bonds from the petitioner and in case, said Court intends to ascertain the veracity of the downloaded copy of the order presented to it, same may be ascertained from the official website of this Court. (Bipin Chander Negi) Judge 19th August, 2025 Tarun Digitally signed by VANDNA SHARMA DN: C=IN, O=HIGH COURT OF HIMACHAL PRADESH SHIMLA, Phone= d3b84f3143a60e693f007f9c5e0fe881522 79f1d9f450a0255823cfc38862034, PostalCode=171001, S=Himachal Pradesh, SERIALNUMBER= 3a417623218f5838c6af79de7dc1906f73 1266758b23a4f74fad98f0022165e3, CN=VANDNA SHARMA Reason: I am the author of this document Location: Date: 2025.08.19 17:37:48+05'30' Foxit PDF Reader Version: 2024.3.0 VANDNA SHARM A