Cr.M.P(M) No. 391 of 2008 15.5.2008 Present: Mr. T.R.Chandel, Sr. Advocate with Mr. Baldev Singh, Advocate for the petitioner. Mr. Vivek Singh Thakur, Addl. Advocate General for the respondent. This petition for grant of regular bail has been filed by the petitioner in respect of F.I.R.No. 230 of 2007 dated 21.10.2007 lodged with Police Station, Haroli, District Una, H.P. under Section 302/34 IPC. Briefly stated the prosecution case is that on 21.10.2007 a quarrel took place at Virbhadhra chowk, Santoshgarh. It is alleged that one Ashu Puri gave beatings to one Harshverdhan, who died as a result of the beatings. The F.I.R. was lodged by one Amit Sharma. In the F.I.R. it was stated that the petitioner Rajvir Singh was present alongwith diseased Ashu Puri when the incident took place. However, on the same date a supplementary statement of the complainant Amit Sharma was recorded, in which he has stated that he had named the petitioner Rajvir Singh in the F.I.R. since he was mentally confused when he lodged the F.I.R. Incident is reported to have been witnessed not only by Amit Sharma but also by one Mohinder Mohan, Chander Mohan alias Lovely and Mohinder Kishore, None of the other three persons have even in the statements recorded under Section 161 Cr.P.C. in any way implicated the petitioner. During the course of the investigation it has come out that it was Ashu Puri who had a quarrel with Harshvardhan at Chandigarh over mobile-phone. It is also in evidence that one Vivek Kumar had brought Ashu Puri to the place of occurrence and both Vivek Kumar and Ashu Puri fled away after the incident. Mr. T.R.Chandel, learned Senior Counsel for the petitioner has contended that none of the witness has stated anything against the petitioner. Only the complainant had made some allegations in the F.I.R. and he has resiled from the said allegations in the supplementary statement. He, therefore, submits that there is no reason why the petitioner should be kept behind bars any longer. On the other hand, Shri Vivek Singh Thakur, learned Additional Advocate General submits that a similar petition filed by co-accused Vivek Kumar has been rejected. He further submits that the accused charged with having committed heinous offence and should not be enlarged on bail. It is true that normally in a case of murder this Court would be extremely reluctant to grant bail. However, in the present case, after going through the entire record, I find that no active role was attributed to the petitioner even in the original F.I.R. Amit Sharma, who lodged the F.I.R has resiled from his statement under Section 154 Cr.P.C. in his supplementary statement recorded by the police. None of the other eye witnesses have made any mention of the petitioner or attributed any role to him. At this stage, it would not be appropriate to go into the merits of the case. However, from the material on record it cannot be said with certainty that there are reasonable grounds to believe that the petitioner is a guilty of an offence punishable with imprisonment for life. True it is that he is charged with such an offence but in the light of the material connect by the police itself during the investigation there is doubt with regard to his complicity. The case of the petitioner is totally different from that of his co-accused Ashu Puri and Vivek Kumar. Keeping in view the aforesaid facts, I am of the considered opinion that the petitioner is entitled to be enlarged on bail on his furnishing personal bail bonds in the sum of Rs.25,000/- with two surety each of the like amount to the satisfaction of the trial Court. This bail is granted subject to the conditions that the petitioner shall: i) not directly or indirectly make inducement, threat or promise to any witness or any other person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court; ii) not attempt to hamper or delay the trial in any manner whatsoever or tamper with the prosecution evidence; and iii) not leave India without prior permission of this Court. The application is disposed of in the aforesaid terms. Copy Dasti on usual charges. May 15, 2008 ( Deepak Gupta ), J. ™