SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1 No.1007 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Ms. Shweta Jain, learned counsel for the applicant. 2. Mr. Pankaj Joshi, learned AGA for the State. 3. Present applicant–Abhishek S/o Nauhar Singh is seeking regular bail in relation to first information report dated 07.04.2024 bearing FIR No.0158 of 2024, Police Station Raipur, District Dehradun, wherein the present applicant has been implicated for the offence punishable under Section 307 of IPC. This case was converted to 302 IPC since the injured died on 13.06.2024 at hospital, and, thereafter, on completion of the investigation, the applicant has been charge-sheeted for the offence punishable under Section 302 IPC. 4. It is contended by learned counsel for the applicant that the alleged incident was happened on 06.04.2023 at about 9:30 pm and on the same date, due to some quarrel in between the family members of the applicant and the family of the injured, the father of the applicant also fell down from roof, due to which, he was diagnosed with T-11 fracture (W & P-2) and T12 fracture (W & P-6) ASIA-E by the Himalyan Hospital, Jollygrant, Dehradun. 5. It is argued that only because of reason that the applicant’s father fell down from roof and got fracture in his spinal cord and in retaliation, the alleged incident was happened and during treatment, the injured died in the hospital after more than two and half months of the incident i.e. on 13.06.2024. 6. Learned counsel for the applicant also submits that there was no intention or motive to commit the alleged offence and the incident was happened because of sudden provocation since the applicant’s father fell down from roof, on the date of the incident. The medical report of the father of the applicant is also enclosed. Apart from this, she also argued that in this case, the charge-sheet has already been filed and the present applicant is languishing in jail since 09.05.2024 and since the investigation has already been completed, therefore, there is no need of custodial interrogation of the present applicant. 7. Apart from this, she submits that the applicant is aged about 22 years and is pursuing his studies and is having no previous criminal history. 8. She also argued that as per the statement of one eye-witness Ramjit Pal, the aggressor of the incident was the deceased. 9. On the other side, Mr. Pankaj Joshi, learned AGA have not disputed this fact that the charge-sheet has already been filed, and, furthermore, prior to this incident, the applicant’s father was also got injury on his spinal cord and in the present case, the deceased died after almost two and half months at the hospital. 10. He further submits that the applicant is having no previous criminal history and since the charge-sheet has already been filed, therefore, at this juncture there is no need of custodial interrogation of the present applicant. 11. After hearing the arguments as advanced by learned counsel for the parties and further taking into consideration that the charge-sheet has already been filed and the applicant is having no previous criminal history, and, furthermore, prima facie, it appears that this is a case of sudden provocation, this Court is of the view that the applicant deserve for bail. 12. Accordingly, without expressing any opinion on the merit of the case, the instant bail application is allowed. 13. Let the applicant, namely, Abhishek, be released on bail, on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned. 14. It is made clear that after being released on bail the applicant shall join the trial court proceeding on each and every date without seeking any unnecessary adjournment, failing which, the trial court will proceed against the applicant including cancellation for bail. 15. It is further made clear that trial court will proceed with the trial without being influenced with the observation of this Court as made above. (Rakesh Thapliyal, J.) 11.08.2025 R.Bisht