1 2025:HHC:15453 2025:HHC:15453 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MP(M) No. 1057 of 2025 Reserved on : 15.5.2025 Decided on : 23.5.2025 Gulshan …Applicant Versus State of H.P. …Respondent _______________________________________________________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ________________________________________________ For the Applicant : Mr. Maan Singh, Advocate. For the Respondent : Mr. Tejasvi Sharma and Mr. H.S. Rawat, Addl. AGs with Mr. Rohit Sharma, Dy. A.G., assisted by HC Narender No. 37, P.S. Manali, District Kullu, H.P. Virender Singh, Judge Applicant Gulshan has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) for releasing him, on bail, during the pendency of the trial, in case FIR No. 175 of 2024, 2 2025:HHC:15453 dated 3.11.2024, registered under Section 105 of the Bharatiya Nyaya Sanhita (hereinafter referred to as the ‘BNS’), with Police Station, Manali, District Kullu, H.P. 2. The applicant has pleaded the fact that he is innocent person and has falsely been implicated, in the present case, as he has nothing to do with the offences, for which, he has been arrested by the Police. 3. According to the applicant, he had neither pushed the deceased nor kicked him. He has pleaded that the complainant and the deceased were consuming liquor on the side of the road and the deceased fell down from the retaining wall of road on the slab of the house of one Kavita Thakur, being under the influence of liquor. 4. According to the applicant, he is in judicial custody since 4.11.2024. He has filed the similar application No. 52 of 2025, before the learned Addl. 3 2025:HHC:15453 Sessions Judge, Kullu, H.P., however, the same has been dismissed, on 19.4.2025. 5. The applicant is stated to be permanent resident of District Kullu. This fact has been pleaded that in case, he is ordered to be released on bail, he will be available to face the trial. 6. The applicant, through his counsel, has undertaken to abide by the terms and conditions, to be imposed by this Court, in case, he is ordered to be released on bail. 7. On these submissions, a prayer has been made to allow the bail application. 7.1. When, put to notice, the Police has filed status report, disclosing therein that on 2.11.2024, on the information of one Kavita Thakur, ASI Vij Ram, I.O., Police Station, Manali alongwith HHC Ram Gopal, in vehicle, being driven by HHG Jeet Ram, reached at the spot. Said Kavita Thakur informed the Police that one person, in injured condition, is lying on her roof. On the spot, the I.O. noticed dead body 4 2025:HHC:15453 of one person, namely Baljeet Singh. He was having the injuries on his head and body and a lot of blood was found on the roof. 7.2 On the spot, Baljeet Singh, S/o Sardar Joginder Singh, R/o D 17/1604, Gali Number 7, Amritsar was also present, who has made statement, under Section 173 of BNSS, disclosing therein that he is driver by profession and working as such on Taxi No. PB 01C 4520. On 2.11.2024, at about 8 p.m., he dropped some passengers at Jagatsukh. At that time, driver of taxi No. PB01D-7950 Baljinder Singh, S/o Darshan Singh was also with him. After dropping the passengers at Jagatsukh, both of them had planned to consume liquor. Baljinder Singh had stated to have brought liquor from Chandigarh with him, upon which, complainant purchased soda and snacks. Thereafter, both of them had parked their vehicles, in an open space, near Shaminala. Thereafter, they started consuming liquor. At about 9:15 p.m., one local person, namely, Gulshan Kumar 5 2025:HHC:15453 (applicant) came there and objected to the complainant and his companion as to why they had parked their vehicle there and consuming liquor there, upon which, the complainant requested him that they will take away their vehicle from there. In the meanwhile, Gulshan (applicant) started arguing with Baljinder and uttered the words " तुम पंजाबि यों ने यहाँ गंद डाला है", due to which Baljinder came out of the vehicle and slapped him, upon which, Gulshan fell down. 7.3 Thereafter, complainant also came out from his vehicle and prevented them from quarreling. In the meanwhile, Gulshan (applicant) gave kick blows to Baljinder, due to which, he lost his balance and fell down, on the lintel about 20-25 feet deep from retaining wall. In the meanwhile, one Krishna Devi and her daughter Kavita also came there. At that time, Baljinder was alive and they had lifted him. However, in the meanwhile, he had expired. Thereafter, Gulshan (applicant) had fled away from 6 2025:HHC:15453 the spot. He has further got recorded in his statement that he can identify Gulshan (applicant). Thereafter, information regarding the incident was given to the Police by Kavita. Lastly, he has got recorded in his statement that due to kick blow given by Gulshan (applicant), Baljinder lost his balance and fell on the lintel and died. 7.4 On the basis of above facts, the Police registered the case and criminal machinery swung into motion. 7.5 Thereafter, in the presence of Pradhan and Up-Pradhan, Gram Panchayat, Jagatsukh, the spot was visited and spot map was prepared. Photography and videography of the spot was conducted. Control samples of soil were also obtained from the spot. 7.6 Dead body of Baljinder was sent for post- mortem to Civil Hospital, Kullu. Complainant was also got medico legally examined. The blood Samples of complainant were also sent to FSL, Junga. After 7 2025:HHC:15453 conducting post mortem, the dead body was handed over to family members for performing last rites. 7.7 As per opinion of the Doctor, deceased died due to head injury and all the injuries found on the person of Baljinder are declared ante-mortem in nature. 7.8 On 4.11.2024, applicant surrendered himself to the custody of Police, who was arrested. He was also medico legally examined in Civil Hospital, Manali. 7.9 Investigation is stated to be completed and charge sheet has been filed. Reports of SFSL and DNA profiling are awaited. Now, the case is stated to be pending in the Court of learned Additional Sessions Judge, Kullu, on 28.5.2025, for consideration on charge. 7.10. On the basis of above, a prayer has been made to dismiss the application. 8. Although, as per stand of the Police, taken in the status report, charge sheet has been filed in the 8 2025:HHC:15453 competent Court of law, but according to its further stand, report from the SFSL, Junga and DNA profiling are still awaited. 9. At the time of deciding the bail application, a delicate balance between the individual liberty and the larger interest of the society has to be maintained. 10. As per the allegations, against the applicant, he has given kick blow to a person, who allegedly slapped him. Consequently, the said person fell down from the retaining wall on the roof of the complainant and sustained injuries and thereafter, expired. This fact speaks voluminously about the seriousness of the offence. 11. Releasing the applicant on bail, at this stage, would also give wrong signal to the society that after committing such a heinous offence, the applicant is moving freely in the society. His release will also encourage other people to take law in their hands, against the person, who had done trivial acts, i.e. 9 2025:HHC:15453 parking the vehicle on the side of the road and consuming the liquor, which is ante-thesis to the concept of rule of law. 12. Considering the above facts, in its entirety, this Court is of the considered opinion that at this stage, the applicant is not able to make out a case, for grant of bail, in this case. As such, the present application is dismissed. 13. Any of the observations, made hereinabove, shall not be taken as an expression of opinion, on the merits of the case, as, these observations, are confined, only to the disposal of the present bail application. (Virender Singh) Judge May 23, 2025 Kalpana