JUDGMENT : 1. The instant application has been filed by the applicant/petitioner for grant of bail under section 498 Cr. P.C. The applicant/petitioner has filed bail application before the learned Trial Court primarily on health grounds, but without considering the grounds taken by the petitioner, the learned Trial Court has dismissed the bail application filed by the petitioner vide order dated 05th June, 2012. 2. The facts giving rise to the filing of the instant bail application briefly stated are that, the petitioner is an accused in FIR bearing No. 140/2006 (Annexure-B) dated 25th November, 2006, registered at Police Station, Bahu Fort, Jammu for offences u/s 302 RPC and 3/25 Arms Act. It is alleged that the petitioner in furtherance of the conspiracy hatched with other accused eliminated one-Sanjay Kumar Gupta alias Bakra on 25th November, 2006 at the clinic of Dr. Rattan Kudhiyar at Trikuta Nagar, Jammu. The charge sheet in the above mentioned FIR was produced/filed in the Court of learned Chief Judicial Magistrate, Jammu on 25th January, 2007 under Sections 302/109/212/382 RPC and 5/25, 3/6/25 Arms Act against the petitioner alongwith other accused were total seven in number. The charges against the petitioner came to be framed under Sections 302 and 382 RPC read with Section 109 RPC and 3/25 Arms Act. 3. The first calendar of the case was fixed on 07th April, 2008, wherein the State was directed to produce PW’s 1, 2, 3 and 4, but strange to the conscious of the Hon’ble Court, PW’s 1, 2 and 3 could not be examined for the last four years on one pretext or the other, causing a serious prejudice to the right of the petitioner for speedy trial. It is further submitted that till date, only three witnesses have been examined. Apart from the trial being proceeded on a snail’s pace, the petitioner has been suffering from multiple health problems of heart, neurology and hypertension for the last about two years, for which the doctors of Government Medical College and Hospital, Jammu have been treating the petitioner. To the suffering of the petitioner, the jail authorities are quite callous in taking the petitioner to the doctors well in time and whenever advised to produce before the doctors for one or the other reason. 4. To the suffering of the petitioner, the jail authorities are quite callous in taking the petitioner to the doctors well in time and whenever advised to produce before the doctors for one or the other reason. 4. The petitioner has been diagnosed for drop heart weeks during holder test, which needs a peaceful environment to be cured and whole the medical record of the petitioner is lying with the jail authorities, which needs to be looked into by this Hon’ble Court, so that the correct position of the petitioner can be ascertained and decided. It is also respectfully submitted that whole of the medical record of the petitioner from the jail authorities as well as Government Medical College Hospital, Jammu be called for. The petitioner is only an accused in the above mentioned case and is lawfully innocent unless proved to be guilty and for deteriorating health cannot be left in without proper medical care and environment, as there is every apprehension that the health problem aggravates to the extent that it may cause the petitioner to his life. The petitioner is ready to abide all the terms and conditions while granting the bail and he has not filed any other bail application in any other Competent Court. 5. Objections stand filed by Mr. R.K. Kotwal, learned Spl. Public Prosecutor, stating therein that petitioner is involved in the broad day light murder of one-Sanjay Kumar, the deceased in the case. The evidence brought so far by the prosecution in the case has proved the complicity of the petitioner qua the alleged crime without any shadow of doubt. This being so, there is a statutory impediment created by Section 497 of the Code of Criminal Procedure to admit the petitioner to bail. There is every apprehension that the petitioner, if released on bail, would either flee from justice or try to win over the remaining prosecution witnesses. Also the incarceration of the petitioner is in accordance with the procedure established by law. That petitioner’s bail application is concerned, it is respectfully submitted that the learned Trial Court has passed a well reasoned order after taking into consideration the gravity of the offence committed by the petitioner and the evidence recorded during the trial of the case. Also the incarceration of the petitioner is in accordance with the procedure established by law. That petitioner’s bail application is concerned, it is respectfully submitted that the learned Trial Court has passed a well reasoned order after taking into consideration the gravity of the offence committed by the petitioner and the evidence recorded during the trial of the case. As the health condition mentioned in the bail application are in no way life threatening nor there is any proof annexed with the petition to even establish prima facie that the petitioner is suffering from such a disease, for which medical treatment is not available in jail. 6. I have considered the rival contentions. 7. This application is pending since 2012. During pendency of this petition, petitioner was got medically checked up by board of Doctor and report is in file. Report reveals that petitioner is suffering from Hypertension and presently controlled with medication. This report is dated 24.10.2013. 8. Thereafter, petitioner again moved an application through jail to Hon’ble the Chief Justice for hearing of case; then again a report was called from concern Jail. It was reported by Sr. Suptd. Central Jail that petitioner suffered pain in right testis and was sent to surgical consultation in GMC and ultrasound of abdomen was done on 10.3.2015. He has many time sent for surgical consultation. 9. Bare perusal of these certificates, it is evident that petitioner is not suffering from any of the life threatening illness. So he cannot be granted bail on medical grounds as accusation is severe because petitioner has been involved under Section 302 RPC punishable with death sentence or life imprisonment. Counsel for accused/petitioner while arguing the matter has stated that accused/petitioner is in custody since more than 10 years so bail be granted. Present application has been filed on medical grounds. So petitioner may file regular bail before trial Court on the ground of long incarceration. 10. This petition is, thus, dismissed.