JUDGMENT : - Dharam Chand Chaudhary, Judge. (Oral) This order will dispose of both the applications arising out of the same FIR. Police of Police Station, West, Boileauganj, Shimla in a case under Section 304 read with Section 34 of the Indian Penal Code, registered vide FIR No. 221/13, dated 5th November, 2013. They both have been arrested on 9th November, 2013 and presently confined in judicial custody. The investigation in the case is complete and the challan, which stands prepared, is likely to be filed in the Court after its scrutiny. 3. The accused-petitioner Anil Rohal is running a Dhaba at Shoghi. Accused-petitioner Ram Singh is his servant and working in the Dhaba. The allegations against them, in a nutshell, are that during the night intervening 29/30th October, 2013, deceased Bhupinder Singh, on the way to Chandigarh with his brother Virbhader Singh, the complainant, stopped at the Dhaba of accused-petitioner Anil Rohal to have dinner. The deceased, allegedly, was assaulted by both the accused at such a stage when he started urinating in front of the Dhaba. The complainant picked him up in an unconscious condition and put in the vehicle. Believing that he fell unconscious, they proceeded towards Chandigarh. The deceased allegedly remained unconscious throughout and when taken to P.G.I. Chandigarh for treatment, passed away there on 2nd November, 2013. 4. The first version qua the manner in which the occurrence has taken place reveals that the complainant could deceased. No doubt, during the course of investigation, it has surfaced that the said person was accused-petitioner Ram Singh. However, the actual position in this regard can only be ascertained during the course of trial on the basis of evidence to be produced by the prosecution and also by the defence. At this stage when the investigation in the case is complete and the accused-petitioner Anil Rohal is a local resident of district Shimla, whereas accused-petitioner Ram Singh, no doubt, is a resident of Uttrakhand, a neighbouring State, however, can otherwise be compelled to appear in the Court at the time of trial by imposing suitable conditions on him, these petitions deserves to be allowed and the accused-petitioners to be admitted on bail. 5. Consequently, both the petitions are allowed. 5. Consequently, both the petitions are allowed. The accused-petitioners, who are in judicial custody in connection with this case registered against them under Section 304 read with Section 34 of the Indian Penal Code vide FIR No. 221/13, dated 5.11.2013, in Police Station West, Boileauganj, Shimla, if not required in any other case, be released on bail subject to their furnishing personal bonds in the sum of rupees one lac each with one surety each in the like amount viz. in the case of accused petitioner Ram Singh should be local to the satisfaction of learned Chief Judicial Magistrate/any other conditions that they shall:- (a) make themselves available for the purpose of interrogation as and when required and shall co-operate with the Investigating Officer to conduct the investigation in a manner so as to take it to its logical end; (b) regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application; (c) not tamper with the prosecution evidence nor make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or the Police Officer; and (d) not leave the territory of Indian without the prior permission of the Court. 6. It is clarified that if the petitioners misuse the liberty or violate any of the conditions imposed upon them, the investigating agency shall be free to move this Court for cancellation of the bail. 7. Any observations made hereinabove shall not be construed to be a reflection on the merits of the case and shall remain confined to the disposal of these petitions alone. Copy dasti.