JUDGMENT Kuldip Chand Sood, J.—The order will dispose of this petition under Section 439 of the Code of Criminal Procedure for the grant of bail. 2. It appears, a case in term of FIR No. 30 of 2001 for an offence punishable under Section 436 of the Indian Penal Code, was registered with Police Station, Jogindernagar, District Mandi, on February 7, 2001. 3. According to the police case, a telephonic information was received by the Station House Officer, Jogindernagar at 4.45 a.m., that STD Booth near Bus Stand has caught fire. The SHO went to the spot and recorded the statement of one Vishal Chauhan. According to the version of Vishal Chauhan, he, as usual, was sleeping in his taxi at Bus stand alongwith one Santosh Kumar and Vishal Sharma. At about 4.00 in the morning, some person woke him up and hired his taxi to village Kash. Vishal Chauhan returned back at about 4.40 a.m. from village Kash and saw that the STD Booth at Bus Stand was on fire. He woke up other taxi drivers and tried to extinguish the fire with sand and water. The fire could be brought under control with great difficulty. He informed the S.H.O. that Rakesh Kumar, who was operating the STD Booth died inside the booth due to this fire. It is on this statement of Vishal Chauhan that case for offence under Section 436, IPC was registered at Police Station, Jogindernagar. The dead body of Rakesh Kumar was sent to the Zonal Hospital, Mandi for post mortem examination. During the course of investigation, it was discovered that deceased had taken his food at Janta Dhaba at about 10.30 p.m. in the night of February 16, 2001. The spot was inspected by an expert of Forensic Science Laboratory, Junga. In view of the post mortem report and after spot inspection on February 18, 2001, an offence punishable under Section 302, IPC was added on February 20, 2001. 4. It was discovered, during the course of investigation, that STD Booth in question was run in the name of wife of the applicant. It was also revealed that on the afternoon of February 16, 2001, the petitioner had given beatings to Rakesh Kumar with danda and at that time, Rakesh Kumar was naked except his underwear. 4. It was discovered, during the course of investigation, that STD Booth in question was run in the name of wife of the applicant. It was also revealed that on the afternoon of February 16, 2001, the petitioner had given beatings to Rakesh Kumar with danda and at that time, Rakesh Kumar was naked except his underwear. In view of this evidence, an offence punishable under Section 306 of the Indian Penal Code was also added on February 20, 2001. The burnt up dead body of Rakesh Kumar was found lying on wooden Bench facing his back. The legs were stretched on the floor and hand was hanging in the back of the bench. The post mortem report disclosed that the deceased sustained 100% deep burns, ante mortem injuries. The causative agent "being some highly inflammable material". The report of Forensic Science Laboratory revealed alcohol strength in the vicera of the deceased to be 176.7 ml. 5. It appears, the State Medico Legal Advisor-cum-Prof. of the Department of Forensic Medicine, Indira Gandhi Medical College, Shimla, visited the spot on March 16, 2001, almost after one month and concluded from the spot inspection that STD Booth got engulfed in flames by some highly inflammable material. The flames, in the opinion of Dr. Ghosh, were not only sufficient to burn the entire ply work and glass panels but the flames after escaping through roof top scorched stems and leaves of the tree. The heat was so intense that it burnt all the STD equipments j including telephone sets, monitor, stabilizer and battery. The report of Forensic Science Laboratory disclosed that underwear, half burnt piece of pent, bed sheet, Khind and blanket were having the contents of petrel. There was no sign of short circuit in the meter fuse or wiring. According to the opinion of Dr. Ghosh, in view of concentration of alcohol of 176.0 mg% in the blood of the deceased, suicide attempt was ruled out particularly when no container was recovered from inside the booth. 6. It appears, some servants of Tourist Hotel at Jogindernagar were arrested on February 24, 2001 but were discharged by the learned Additional Chief Judicial Magistrate, Jogindernagar on February 27, 2001. 6. It appears, some servants of Tourist Hotel at Jogindernagar were arrested on February 24, 2001 but were discharged by the learned Additional Chief Judicial Magistrate, Jogindernagar on February 27, 2001. According to the evidence collected by the Investigating Officer, Rakesh Kumar had visited Hotel Hill Top and asked for an empty can from the waiter as he required the same to get petrol for the car of his employees. The waiter Nardu Ram told the deceased that can was not available with him. Thereafter, according to the prosecution case, deceased came to petrol pump at about 11.15 p.m. and requested the salesman Har Kanwar to give him petrol for Rs. 50 as his (deceased) scooter is at Dhelu without petrol. Har Kanwar gave 1.7 ltrs. of petrol to the deceased in a Bagpiper plastic bottle, one empty bear bottle and one plastic dibba (container). It was also discovered that one cook of Janta Dhaba, namely, Trilok Chand heard sound of blast from the STD Booth at about 4.30 a.m. After collecting his bed, he came out and noticed that STD Booth was on fire. He shouted for help and called Taxi Drivers. All of them made efforts to extinguish the fire in STD Booth. 7. According to the opinion of Dr. Ghosh, homicidal attempt cannot be ruled out in this case. Opined Dr. Ghosh: "Keeping in view the I.Os investigation report and viscera analysis report. Homicidal attempt cannot be ruled out." 8. Reason for his opinion, according to Dr. Ghosh, is : ".....at the time of onset of conflagration was already in highly intoxicating stage/semi-comatosed state in which sprinkling of highly inflammable material like petrol in the present case (as established) becomes easy and so selting the body in flames-mimicking accidental/suicidal mode of death". 9. Dr. Ghosh also ruled out suicidal attempt and accidental fire for the reason that neither container was recovered from inside the booth nor it was possible for petrol to have spread above 1-1/2 ft. above the floor area. Dr. Ghosh fixed the time of fire between 4.30 to 4.45 a.m. in the morning of February 17, 2001. 10. It appears, the applicant applied for anticipatory bail on February 20, 2001 which was dismissed on March 22, 2001 by this Court and he was arrested on March 23, 2001. above the floor area. Dr. Ghosh fixed the time of fire between 4.30 to 4.45 a.m. in the morning of February 17, 2001. 10. It appears, the applicant applied for anticipatory bail on February 20, 2001 which was dismissed on March 22, 2001 by this Court and he was arrested on March 23, 2001. The applicant was in police custody till March 28, 2001 and is in judicial custody from March 28, 2001 onwards. During his custody, the petitioner got recovered a danda on a disclosure statement made by him to the police with which he allegedly gave beatings to the deceased on the afternoon of February 16, 2001. 11. Mr. D.D. Sood, learned Senior Counsel for the applicant strenuously urges that the petitioner has falsely been implicated. There is not a shread of evidence against the petitioner-applicant. The arrest of the petitioner was the result of the campaign of vilification "carried out against the petitioner and further because of political differences, an attempt was being made to rope the petitioner". Learned Senior Counsel further urges that petitioner had all through joined the investigation pursuant to the directions issued by this Court. Inspite of long police remand of the accused and his custodial interrogation, the police has not been able to connect the accused with the commission of any offence. The only evidence against the accused, to which the accused-applicant admits, is that he gave beatings to the deceased on February 16, 2001. This fact, according to the learned Senior Counsel, does not connect or link the accused with the death of deceased Rakesh Kumar. Learned Counsel also filed billing record of the Telephone Department in respect of the STD booth in question, which is also on the record of the Police. This record shows that last call was made from the STD booth on February 16, 2001 at 9.45 p.m. and thereafter, no call was made. He further contends that accused, according to the version of the prosecution, thereafter took food at 10.30 p.m. and also purchased petrol from the petrol pump later at about 11.15 p.m. This, in turn, shows that beatings which might have been given by the accused to the deceased in the afternoon had nothing to do with his death. He further contends that accused, according to the version of the prosecution, thereafter took food at 10.30 p.m. and also purchased petrol from the petrol pump later at about 11.15 p.m. This, in turn, shows that beatings which might have been given by the accused to the deceased in the afternoon had nothing to do with his death. He invites my attention to the observations of the learned Judicial Magistrate, Jogindernagar when accused applicant was produced before him for the purpose of further remand on 28.3.2001. Learned Magistrate observed: ".....However, it is noted that the accused is in police custody since 23.3.2001 and sufficient time has been afforded to the police to carry out custodial interrogation of the accused but the perusal of the case files shows that nothing incriminating has come out from the interrogation which justify the remand of the accused to further police custody. In such a circumstances, on the perusal of the case file, I am of the considered opinion that there are no sufficient grounds for remanding the accused to further police custody." 12. Learned Additional Public Prosecutor and Assistant Advocate General fairly states that apart from the evidence that accused-petitioner gave beatings to the deceased, there is no evidence to link the accused with the death of deceased Rakesh Kumar. However, the bail application is opposed, as also stated in the reply filed on the affidavit of Sh. Nain Singh, Investigating Officer of this case, on the ground that the accused-petitioner is an influential person and can purchase and threat the witnesses as the investigation is still on. It is also stated in the affidavit that the police is still investigating the matter and there is every likelihood that some one else may also be involved in this crime. 13. In exercise of the powers under Section 439 of the Code, one of the consideration before the Court is to strike balance between the right of an accused person to personal liberty and the public interest of not causing any hindrance in the thorough investigation of the case. Mere arrest of an accused in a serious crime like murder in itself is not sufficient to reject the bail application, though a prima facie case may be one of the reasons for the refusal of the grant of bail so that fair trial is not thwarted. Mere arrest of an accused in a serious crime like murder in itself is not sufficient to reject the bail application, though a prima facie case may be one of the reasons for the refusal of the grant of bail so that fair trial is not thwarted. Gravity of the offence indeed is one of the consideration but not the sole consideration. While dealing with the bail applications, the Court has to take into consideration various aspects of the case including the nature of the offence, character and content of the evidence against the accused applicant, circumstances which may be peculiar to the applicant and the reasonable possibility of the presence of the accused not being secured at the trial as also the reasonable apprehension of the witnesses being tampered with if the accused is enlarged on bail and similar other considerations. 14. It appears, the petitioner approached the learned Sessions Judge for the grant of bail on March 29, 2001 which was rejected by the learned Sessions Judge on the ground that there is evidence of the fact that the petitioner gave beatings to the deceased one day prior to the occurrence when he was only wearing underwear and this beating was seen by several persons and it was alleged that the petitioner had some grievance against the deceased and further for the reason that deceased was heavily drunk and suicide was ruled out. 15. Admittedly, there is no evidence against the accused except that he gave beatings to the deceased on the previous afternoon with a danda. So far question of tampering with the evidence is concerned, the only circumstance against the accused that he gave beatings to the deceased, is not disputed by the accused. 16. Taking into consideration the entirety of the circumstances and without commenting on the merits of the case including the quality and content of the evidence, collected so far, and the fact that there is no reasonable apprehension that accused will flee from the custody, I allow the application and direct the release of the petitioner-accused on furnishing bonds in the amount of rupees 25,000 with two sureties of the like amount to the satisfaction of learned Sessions Judge, Mandi. The bail shall be subject to the conditions : (a) accused shall not tamper with the evidence or otherwise influence the witnesses ; (b) shall make himself available as and when required to do so; (c) will not leave the District of Mandi without prior permission of learned Sessions Judge, Mandi. 17. Any observations made herein above, shall not be construed to be any reflection on the merits of the case. The case shall be decided, as and when the final report is submitted to the learned Court, on its own merits without being influenced by any observation made herein above. 18. The Investigating Agency shall be at liberty to move this Court for the cancellation of the bail in case further in-criminating evidence is collected against the accused justifying such cancellation. The "Police shall also be at liberty to approach the Court in case the conditions of the bail are violated by the petitioner. Copy dasti. Petition allowed. -