Himachal Pradesh High Court Grants Bail to Sandeep Kumar in Hunting-Related Death Case
Court rules lack of intent to kill; petitioner granted bail under new Bharatiya Nyaya Sanhita, 2023 provisions.
In a significant ruling, the Himachal Pradesh High Court, presided over by Justice Rakesh Kainthla, granted bail to Sandeep Kumar, accused of causing a death during a hunting trip under circumstances that lacked intent to kill. The court's decision on October 6, 2025, was based on the provisions of the Bharatiya Nyaya Sanhita, 2023 (BNS), which renders the offence bailable under Section 106.
The incident, which occurred on January 21, 2025, involved Sandeep Kumar and another individual, Bhutto, who went hunting in a forest in Solan, Himachal Pradesh. The deceased, Som Dutt alias Sonu, was also present in the forest and was mistakenly shot by Sandeep Kumar, who believed he was targeting a wild animal concealed behind the bushes. The tragic mistake led to the death of Som Dutt, whose body was later found decapitated and burnt.
The court highlighted that the act did not show intent to kill, aligning with the principles outlined in the BNS. The gruesome nature of the aftermath, involving the decapitation and burning of the body, was deemed bailable under Section 238 of the BNS, reflecting legislative wisdom.
Justice Kainthla emphasized that the parameters for granting bail, as per Supreme Court guidelines, were met. These include the absence of intent, the nature and gravity of the accusations, the severity of potential punishment, and the accused's character and likelihood of absconding. The court found no grounds for further detention, especially since the accused possessed a licensed weapon, negating the applicability of Sections 25 and 27 of the Arms Act.
The court imposed strict conditions for the bail, including furnishing a personal bond of Rs. 1,00,000, non-intimidation of witnesses, regular trial attendance, surrendering of the passport, and compliance with police and court communication requirements.
This judgment underscores the court's balanced approach in considering both the absence of intent and the legislative provisions that guide the bailability of offences under the new legal framework.
Bottom Line:
Bail granted to petitioner accused of causing death during a hunting trip, as the circumstances and evidence suggested no intent to kill, making the offence bailable under the Bharatiya Nyaya Sanhita, 2023.
Statutory provision(s): Sections 103, 106, and 238 of Bharatiya Nyaya Sanhita, 2023, Sections 25 and 27 of the Arms Act, 1959
Sandeep Kumar v. State of Himachal Pradesh, (Himachal Pradesh) : Law Finder Doc Id # 2789243
