RAJESH KUMAR @ KAKA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The prayer in the present petition under Sec. 483 BNSS, 2023 is for the grant of regular bail in case bearing FIR No.125 dtd. 21/6/2024 registered under Ss. 304, 34 IPC at Police Station Mahilpur, District Hoshiarpur, Punjab.

(2.) The present FIR came to be registered at the instance of Rajesh Kumar alias S/o Tirath Ram and the same reads as under:-

(3.) The learned counsel for the petitioner contends that as per the case of the prosecution, initially the occurrence is stated to have taken place on 4/6/2024 on which date DDR No.25 dtd. 9/6/2024 came to be registered. The deceased was discharged from hospital on 19/6/2024 and died on 20/6/2024 after which Sec. 302 IPC came to be added. As per the MLR, the only injury is a complaint of pain on the right hip joint anterior aspect. As per the postmortem the provisional cause of death was due to respiratory failure and the final cause of death was to be declared after receiving the Histopathology report from GMC, Amritsar. Now, after examination of the Histopathlogy report, the cause of death is stated to be respiratory failure alone. Even as per the allegations, the petitioner is stated to have given a kick blow to the deceased because of which he fell down on the ground. The offence, if any, would be under Sec. 323 IPC only. As the petitioner is a first time offender, in custody since 13/7/2024 but none of the 16 prosecution witnesses have been examined so far, the trial of the present case is not likely to be concluded anytime soon. Therefore, he is entitled to the concession of bail.