SOM CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioners have filed the present petitions for seeking regular bail, in FIR No. 11 of 2025 dtd. 23/1/2025 registered at Police Station Majra, District Sirmaur, H.P., for the commission of offences punishable under Ss. 103(1), 117(2), 126(2) and 115(2) read with Sec. 3(5) of Bhartiya Nyaya Sanhita (BNS), 2023. Since both the petitions have arisen out of the same FIR; therefore, they are being taken up together for disposal.

(2.) It has been asserted that, as per the prosecution, the informant Bhura Ram was going to his fields on 22/1/2025 at about 5:30 PM. The petitioner, Som Chand, nephew of Bhura Ram, started abusing him and his wife, Kalavati, without any reason. Bhura Ram objected, after which the petitioners, Som Chand and Neha, gave him beatings. The matter was reported to the police, who registered the FIR and investigated the matter. The injured person was taken to the hospital. He was treated at PGI Chandigarh till 6/2/2025 and was brought home as per the doctors' advice. However, his condition deteriorated, and he died on 15/2/2025 at Nahan hospital. The police arrested the petitioners. The police completed the investigation and filed a chargesheet before the Court. The Court framed the charges against the petitioner on 17/7/2025. The statements of six witnesses out of 26 have been recorded. The petitioners are innocent, and they were falsely implicated. The record does not show that the petitioners had any knowledge that their act was likely to cause death. Dr Snigdha Bandal (PW2) found no external visible injury, abrasion, bruises, laceration, contusion or swelling in the body. This is contrary to the prosecution's version that injuries were caused with a stick, fists and kick blows. The pancreas is located deep inside the body, and a blow with considerable force is required to injure it. The petitioners do not have any criminal antecedents. They are permanent residents of Tehsil Paonta Sahib. The chargesheet has been filed before the Court, and no fruitful purpose would be served by detaining the petitioners in custody. Petitioner Neha had filed a bail petition, which was registered as Cr.MP (M) No. 774 of 2025 and was dismissed on 16/5/2025. The petitioners have two minor children aged 7 years and 5 years who have been deprived of the care, affection and supervision of their parents. Twelve months have elapsed since the petitioners' arrest. The prosecution has only examined six out of 26 witnesses. The petitioners would abide by the terms and conditions that the Court may impose. Hence, it was prayed that the present petition be allowed and the petitioners be released on bail.

(3.) The petitions are opposed by filing a status report asserting that the informant had gone to his field on 22/1/2025 at about 5.30 PM. Som Chand started abusing him and his wife. The informant inquired as to why the petitioner, Som Chand, was abusing him. The petitioners, Neha and Som Chand, gave beatings to the informant. The informant sustained injuries. He was taken to the Civil Hospital, Paonta Sahib, from where he was taken to the PGI, Chandigarh. Kalawati made a statement that she had gone to her village, where Som Chand and his wife, Neha, arrived and accused him of damaging the dhol. Bhura Ram came to the field at 5.30 PM. Som Chand and Neha repeated their allegations regarding damage to the Dhol. Som Chand and Neha gave beatings to Bhura Ram. Neha pushed Bhura Ram to the ground, and Som Chand inflicted injuries upon him. Bhura Ram was taken to the hospital, from where he was taken to Nahan and ultimately to PGI, Chandigarh. As per the postmortem report, the cause of death was abdominal inflammation in the pancreas as a sequel to blunt trauma to the pancreas, leading to pancreatitis. As per the final opinion, no marks of injury were found at the time of examination of the body, and the weapon of injury could not be commented upon. The chargesheet was filed before the Court on 14/5/2025. Statements of nine witnesses have been recorded, and the matter was listed on 31/3/2026 for recording the statements of prosecution witnesses. Hence, the status report.