ORDER : All these petitions are being decided by a common order, as common questions of law and facts are involved. 2. The case, as set up by respondent-State is that FIR No. 175 of 2021 was registered at Police Station Jogindernagar, District Mandi, H.P. under Sections 341, 323, 302, 201 read with Section 34 IPC on 26.10.2021, on the complaint of complainant Ramesh Chand. The case was investigated and the Investigating Agency, on the basis of material collected, arrived at the hypothesis that the petitioners in furtherance of their common intention caused the murder of deceased Dinesh Kumar @ Panku. It is alleged that on 24.10.2021, deceased Dinesh Kumar visited village Darkoti-Trimblu to attend marriage of his friend and was accompanied by his friends namely Sunil Kumar and others. They were consuming liquor and a small altercation took place between deceased and petitioner Pankaj @ Abbu. After sometime, the deceased alongwith his friends left marriage venue for their respective homes, but were waylaid by the petitioners at some distance and an assault was launched by them with sticks in their hands. Sunil Kumar suffered injuries on his head and fell on the ground. Rest of the friends including deceased ran in different directions. It is further alleged that petitioners chased deceased with sticks in their hands. All other friends of deceased reached their respective homes that night but the whereabouts of deceased were not known. His mobile phone initially did not respond but later it was found switched off. On the next day, after registration of FIR, a search was made and the body of deceased was found in a rivulet having water and stones. Police collected the evidence on the spot. Petitioners were arrested on 26.10.2021. Post mortem of the deceased was got conducted. The opinions of scientific experts were procured. On completion of investigation, challan has been filed and is stated to be pending before the learned Additional Sessions Judge, Sarkaghat for consideration of charges. 3. Petitioners have approached this Court for grant of bail under Section 439 Cr.P.C. on the grounds that they are innocent and have been falsely implicated. They have denied having given beatings either to Sunil Kumar or the deceased. It has been contended on behalf of the petitioners that the investigation has already been completed and nothing incriminating has been found against them. They have denied having given beatings either to Sunil Kumar or the deceased. It has been contended on behalf of the petitioners that the investigation has already been completed and nothing incriminating has been found against them. It is further contended on behalf of the petitioners that they are permanent resident of State of Himachal Pradesh and there is no likelihood or apprehension of their absconding from the course of justice. They have undertaken to face trial and have also undertaken to abide by all the conditions, as may be imposed. They have further undertaken not to tamper with the prosecution evidence in any manner whatsoever. 4. I have heard the learned counsel for the parties and have also gone through the status report as well as police records. 5. Though, at the stage of deciding bail application, this Court will not minutely scan the material collected by the Investigating Agency, however, this Court is not precluded from looking into such material only for the purpose of assessing the seriousness and gravity of allegations against the petitioners, especially when they are accused of having caused murder of deceased Dinesh Kumar. 6. The body of deceased was found in a small rivulet having water and different size of stones around. The autopsy surgeon has opined the cause of death as under:- “In the light of the above reports, the post-mortem report has been reviewed and my final opinion in the case is that the deceased died due to Asphyxia secondary to ante mortem wet drowing, in a case where multiple blunt force injuries were present over the head, face, upper and lower limbs. Ethyl alcohol was detected in the blood, as per report received from RFSL Dharmshala. However, quantification of the levels of Ethyl Alcohol has not been done.” Evidently, the cause of death is asphyxia secondary to ante-mortem wet drowing. Multiple blunt force injuries were found present over the head, face, upper and lower limbs of the body but there is no opinion that the blunt force injuries found present on the body of deceased were accumulatively or singly sufficient to cause of death. The small rivulet where the body of deceased was found is stated to be 100-150 feet below the road. The small rivulet where the body of deceased was found is stated to be 100-150 feet below the road. Police had collected plant leaves and small twigs found struck on the body of the deceased as well as from the surrounding but no blood has been found thereon. Thus, the material available on record cannot be said to be sufficient to arrive at prima-facie conclusion as to the allegations against the petitioners. Admittedly, none had seen petitioners giving beatings to the deceased. There is no opinion of medical experts that what could be the probable source of ante-mortem injuries found on the body of the deceased. 7. The petitioners are permanent resident of State of Himachal Pradesh and are of young age. There is no tangible material on record to suggest that the petitioners or any of them has any criminal antecedents. There is also nothing on record to suggest that in case of release of petitioners on bail, the trial of the case may be affected adversely or that they have the potential to tamper with prosecution evidence. 8. Pre-trial incarceration cannot be ordered as rule. The petitioners are already in custody since 26.10.2021. The trial of the case is likely to take some time before conclusion. In the given facts and circumstances of the case, no fruitful purpose will be served by prolonging the incarceration of petitioners. 9. In the peculiar facts of the case, all the petitions are allowed and the petitioners are ordered to be released on bail in case FIR No. 175 of 2021 registered at Police Station Jogindernagar, District Mandi, H.P. under Sections 341, 323, 302, 201 read with Section 34 of the Indian Penal Code, on their furnishing personal bonds in the sum of Rs. 25,000/- each with one surety each in the like amount to the satisfaction of learned trial Court. However, this order shall be subject to following conditions:- (i) That the petitioners shall regularly attend the trial. (ii) That the petitioners 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 the Court or to the Police. (iii) That the petitioners shall not in any manner tamper with the prosecution evidence. (ii) That the petitioners 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 the Court or to the Police. (iii) That the petitioners shall not in any manner tamper with the prosecution evidence. (iv) That any indulgence of petitioners in similar activities during the continuance of this order shall entail cancellation of the bail granted to the petitioners. (v) That the petitioners shall not leave India without permission of learned trial Court till continuance of investigation and trial, if any. (vi) That in case of violation of any of the conditions, the bail granted to the bail applicant shall be liable for cancellation. 10. Any observation made herein above shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made herein above.