JUDGMENT : Vivek Singh Thakur, J. Present petition has been filed seeking regular bail under Section 439 Cr.P.C. in case FIR No. 375 of 2016, dated 25.11.2026 under Sections 302 of Indian Penal Code (in short 'IPC'), registered at Police Station, Nurpur, District Kangra, H.P. 2. Status report stands filed and record produced. 3. As per status report, prosecution case in brief is that on 24.11.2016 complainant along with his wife was sitting in his kitchen. At about 7:45 P.M., his nephew Joginder Singh (petitioner) entered into the kitchen under intoxication and had objected the sale of land by the complainant and had started abusing, pushing and hitting him, whereupon wife of complainant had asked not to quarrel, but the bail petitioner-accused had pushed her and due to impact of push, her head had struck with the wall and she had fallen down on the floor. By that time, complainant's son Rajesh Kumar and three daughters-in-law came on the spot and check the pulse of his wife and found that she had expired, whereupon accused was questioned by Rajesh what had he did with his mother, whereupon the petitioner/accused had replied that he had done what he wanted to do, which resulted into scuffle between the son of the complainant and petitioner/accused and accused had received injuries in his mouth. As per opinion of doctor, no definite opinion for cause of death could be ascertained, but possibility of sudden cardiac arrest due to cardiac arrhyhthmia, precipitated by alleged scuffle could not be ruled out and that injury No. 1 mentioned in PMR was contusion, caused by blunt force impact and not sufficient to cause death in ordinary course of nature, but may be contributory to precipitate arrhythmia in the compromising heart of the deceased. 4. The petitioner is behind the bars since 25th November, 2016. Now evidence has been recorded and the case has been fixed for recording statement of petitioner/accused under Section 313 Cr.P.C. The petitioner had earlier approached learned Additional Sessions Judge, Kangra seeking regular bail, but at that time that bail petition was rejected after considering the prosecution's apprehension to be genuine that the petitioner, involved in a heinous crime, may terrorize or dissuade the witnesses from divulging the truth, as there were certain independent witnesses hailing from the same locality from which the petitioner belongs. 5. 5. Learned counsel for the petitioner submits that in case the prosecution case is considered to be true in its entirety, even then no case under Section 302 IPC is made out and at the most it is a case under Section 304 IPC. 6. I refrain from making any comment on merit with respect to facts of the case, as the entire evidence is before the trial Court and is to be considered by it and at the time of considering the bail petition of the petitioner, it is not required to be evaluated by this Court. However, keeping in view the entire facts and circumstances of the case, I am of the opinion that at this stage, petitioner is entitled for grant of bail. Accordingly, the present petition is allowed and petitioner is ordered to be released on bail in case FIR No. 375 of 2016, dated 25.11.2016 under Section 302 IPC, registered at Police Station Nurpur, District Kangra, H.P. on his furnishing personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of trial Court, subject to the following conditions:- (i) That the petitioner shall make himself available to the police or any other Investigating Agency or Court in the present case as and when required; (ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses; (iii) that he shall not obstruct the smooth progress of the investigation/trial; (iv) that the petitioner shall not commit the offence similar to the offence to which he is accused or suspected; (v) that the petitioner shall not misuse his liberty in any manner; (vi) that the petitioner shall not jump over the bail; (v) that he shall not leave the territory of India without prior information. He shall furnish his temporary and permanent address along with Mobile Number/contact telephone numbers to the Investigating Officer and shall keep informing change in address/Mobile Number/telephone numbers, if any, to the concerned Police Station regularly, during the pendency of the trial. 6. He shall furnish his temporary and permanent address along with Mobile Number/contact telephone numbers to the Investigating Officer and shall keep informing change in address/Mobile Number/telephone numbers, if any, to the concerned Police Station regularly, during the pendency of the trial. 6. It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioner as deemed necessary in the facts and circumstances of the case and in the interest of justice. 7. In case the petitioner violate any conditions imposed upon him, his bail shall be liable to be cancelled. In such eventuality, prosecution may approach the competent Court of law for cancellation of bail, in accordance with law. 8. Learned trial Court is directed to comply with the directions issued by the High Court, vide communication No.HHC.VIG./Misc. Instructions/93- IV.7139 dated 18.03.2013. 9. Observations made in this petition hereinbefore shall not affect the merits of the case in any manner and are strictly confined for the disposal of the bail application. 10. Petition stands disposed of in the aforesaid terms.