Full Judgment
S.C. Malte, J.
1. Petitioner Ram Kumar was a police Sub-Inspector during the relevant period at Police Station Sirsa. He is facing charge Under Section 302 read with Section 201 both read with S.34 I.P.C.. The allegations indicate that on 20.4.1995 at about 6. 00 P.M., the co-accused Ramphal constable and Mohan Singh-Head Constable who were posted at Police Post Khairpur within the area of Police Station Sirsa, brought Satish Kumar (deceased) in connection with some allegation regarding so called love-affair with a girl. It was alleged that Satish Kumar was tortured at the police Station, and on the next day in critical condition taken to Civil Hospital, Sirsa, where he breathed his last. In respect of this death in police custody, the District Magistrate, Sirsa, ordered magisterial enquiry which was conducted by Additional Deputy Commissioner, Sirsa. It revealed a prima facie case of death of Satish Kumar under suspicious circumstances while in custody of the police. The version from the side of police was that the said Satish Kumar committed suicide by consuming poison. After autopsy, the viscera was sent to the Chemical Examiner in which poison 'Aluminium Phosphide' was detected.
2. On behalf of the petitioner it was contended that in the whole episode the part played by the present petitioner does not figure, nor he was in any way remotely concerned with that. The claim by the petitioner seems to be that of alibi. The counsel appearing on behalf of the State of Haryana was, however, not able to throw any light as to whether the Additional Deputy Commissioner, Sirsa, in his report arrived at some positive finding as regards the presence of the petitioner at the relevant time and place. Under these circumstances, I find that the petitioner deserves bail. The Additional Sessions Judge, Sirsa, rejected the bail to the petitioner on the ground that the allegations were serious. In my opinion, mere gravity of the offence by itself would not be the sole criterion.
3. Bail granted to the petitioner on his executing bail bond and surety bond to the satisfaction of the Chief Judicial Magistrate, Sirsa, and on further condition that he shall not in any manner tamper the prosecution witnesses or try to contact them and shall render all necessary cooperation in the smooth progress of the investigation.