( 2025:HHC:16073 )1 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP(M) Nos.1090 & 1091 of 2025 Reserved on:- 21.05.2025 Date of Decision: 27.05.2025 Cr.MP(M) No.1090 of 2025 Harsh Kumar …Applicant Versus State of H.P. …..Respondent ________________________________________________ Cr.MP(M) No.1091 of 2025 Ajay …Applicant Versus State of H.P. ..Respondent Coram: The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the Applicant(s) : Mr. Hemant Kumar Thakur, Advocate. For the Respondent(s) : Mr. Tejasvi Sharma and Mr. H.S. Rawat, Additional Advocates General with Ms. Ranjna Patial, Deputy Advocate General, assisted by ASI Chetan Chauhan, Police Station, Jubbal, District Shimla, H.P. Virender Singh, Judge The above-titled bail applications are being disposed of by this common order, as both the bail applications have been filed, in the same FIR, i.e. FIR No.15 of 2025, dated 19.02.2025 1 Whether reporters of Local Papers may be allowed to see the judgment? ( 2025:HHC:16073 )2 (hereinafter referred to as the ‘FIR in question’), registered under Sections 109(1), 117(2), 126(2), 115(2), and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’), with Police Station Jubbal, District Shimla, H.P. 2. The above-mentioned bail applications have been filed, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘BNSS’), for releasing the above-named applicants, on bail, in the FIR in question, during the pendency of the trial. 3. According to the applicants, they are the law-abiding citizens and have been implicated and arrested, in this case, on the basis of the false complaint, made by the complainant. 4. As per the applicants, the case, alleged against them, is false and concocted one. 5. Applicants-Harsh Kumar has filed Bail Application No.173 of 2025 before the Court of learned Additional District and Sessions Judge, Rohru, District Shimla, H.P., however, the said application was dismissed vide order dated 05.05.2025, whereas, applicant-Ajay had filed Bail Application No.172 of 2025, before the Court of learned Additional District and Sessions Judge, Rohru, District Shimla, H.P., however, the said application was also dismissed, vide order dated 05.05.2025. ( 2025:HHC:16073 )3 6. Both the applicants are stated to be in judicial custody and according to them, their custodial interrogation is no longer required, by the police. 7. On the basis of the above facts, Mr. Hemant Kumar Thakur, learned counsel, appearing for the applicants, has given certain undertakings, on behalf of the applicants, for which, they are ready to abide by, in case, ordered to be released on bail. 8. When, put to notice, the police has filed the status report, disclosing therein, that on 19.02.2025, at about 12.49 AM, in the mid night, HASI Babu Lal, No.377, telephonically informed the police from Check Post Kharapathar that on Giriganga Road, two persons are lying in injured condition and requested to send the IO and other police officials to the spot, upon which, SI/SHO, alongwith ASI Jagdish Chand, in order to verify those facts, had proceeded towards the spot from there. When the police reached at the spot, the injured persons were already taken to Jubbal hospital for treatment. On the spot, one vehicle/Pickup No.HP06B-5631 was found parked. The vehicle was brought to Jubbal and thereafter, ASI Jagdish Chand, got medico-legal examination of injured Joginder Pal and Praveen Kumar conducted from hospital at Jubbal. Their MLCs were obtained and blood samples were got preserved. In Civil Hospital, Jubbal, ( 2025:HHC:16073 )4 injured Praveen Kumar made a statement, under Section 173 of the BNSS, disclosing therein, that he is resident of the address, as mentioned in the statement and is a driver by profession. The complainant was working as a driver with Surender Raitka, at Rohru. 8.1. According to the complainant, on 18.02.2025, one Joginder Pal, who is working with Ajvinder Rana, Scrap dealer (Kabari) and disclosed him that a day, before 18.02.2025, the driver of vehicle/Pickup No.HP06B-5631, had sold the scrap (Kabar) in the shop of Ajvinder Rana and according to him, the said articles could be the stolen articles and Joginder Pal, told him to search for them towards Hatkoti, upon which, the complainant, alongwith Joginder Pal, in the vehicle of Surender Raitka, had reached Hatkoti. One vehicle/Pickup No.HP06B- 5631, was found parked on the side of the road, at Hatkoti Kainchi. 8.2. After some time, the driver of the said vehicle/Pickup proceeded towards Kharapathar and both of them had chased them. After stopping for some time at Kharapathar, they had proceeded towards Giriganga road and after some time, the said vehicle was parked on the side of the road. After crossing the said place, complainant-Joginder Pal again turned back their car. ( 2025:HHC:16073 )5 At about 11:30 PM, the said vehicle/pickup being driven by its driver, came from the opposite direction and the driver stopped its pickup in front of the car of the complainant. The pickup driver, alongwith his two-three accomplices, came out from the pickup. He dragged them out of the car and enquired, as to why, they were chasing them. Thereafter, they have started beating them with fist and kick blows, as well as, with the help of Dandas. Meanwhile, complainant received a telephonic call from his friend Rohit, to whom, he had apprised that a quarrel had taken place and requested him to come to Giriganga road. 8.3. Thereafter, those assailants left the spot by leaving the pickup on the spot. Subsequently, the complainant informed Police Post Kharapathar about the incident. He has further got recorded that the names of the assailants could be disclosed by Joginder Pal, who is not in a position to make a statement. The complainant further got recorded that due to their beatings, he sustained injuries over his nose and head, whereas Joginder Pal sustained injuries over his head, nose, mouth and eyes. 8.4. On the basis of the above facts, the police registered the case, under Sections 126(2), 115(2), and 3(5) of BNS and criminal machinery swung into motion. ( 2025:HHC:16073 )6 8.5. The initial investigation of the case was conducted by HC Ashwani Kumar No.36, IO Police Station, Jubbal. On 19.02.2025, HC Ashwani Kumar No.36, visited the spot and prepared the spot map. Vehicle/pickup No.HP06B-5631, alongwith its keys, mobile phone, purse, Aadhaar Card, PAN Card, ATMs of ICICI and PNB Banks, were found in the said vehicle, which were taken into possession. On checking, the said Aadhaar Card and PAN Card, were found to be in the name of one Rameshwar Singh S/o Shri Shyam Lal, Tehsil Rampur Bahali. Two gas cylinders and three long tubes cylinders were also found in the vehicle, which were also taken into possession. Complainant-Praveen Kumar had produced a baseball bat and with the help of the said baseball bat, the applicants and his accomplices had beaten the complainant. The said baseball bat has also been taken into possession. 8.6. On 21.02.2025, Harsh Kumar(applicant in Cr.MP(M) No.1090 of 2025 and Ajay (applicant in Cr.MP(M) No.1091 of 2025) were summoned by the police and complainant Praveen Kumar has identified them, as the persons, who had beaten him and Joginder Pal in the intervening night of 18/19.02.2025. The memo, regarding the identification, was prepared. Since, injured Joginder Pal has been referred to IGMC, Shimla and was under ( 2025:HHC:16073 )7 treatment, as such, both the applicants were directed to come present before the police, as and when, directed by the police to do so. 8.7 On 23.02.2025, the statements of injured Joginder Pal and his brother Rajesh were recorded under Section 180 of BNSS. 8.8. On 27.02.2025, the documents, with regard to the treatment of Joginder Pal was obtained from IGMC, Shimla and thereafter, Medical Officer, at Civil Hospital, Jubbal, was requested to give the final opinion, who has given the opinion, by declaring the injuries on the person of Joginder Pal, as dangerous to life. As such, Sections 117(2) and 109(1) of BNS have been added, in this case. 8.9. On 03.03.2025, owner of vehicle/Pickup No.HP06B- 6531, Anil Kumar and applicant-Harsh Kumar and Ajay were again summoned. Owner of the vehicle Anil Kumar produced the Registration Certificate and Insurance Certificate of the vehicle, which were taken into possession, whereas, applicant- Ajay had produced his Driving Licence, which was also taken into possession. Applicant-Harsh was arrested on 03.03.2025 at 7:00 PM, whereas, applicant-Ajay was arrested, on the same day, at 7:30 PM. ( 2025:HHC:16073 )8 8.10. During enquiry from Harsh Kumar and Ajay, involvement of one Rameshwar was also found. The PAN Card, Aadhaar Card and ATM cards of ICICI and PNB Banks were found to be in the name of Rameshwar Singh. However, said Rameshwar Singh could not be arrested and thereafter arrest warrants were obtained from the Court of Additional Chief Judicial Magistrate, Rohru Camp at Jubbal. 8.11. It is the further case of the police that except from the present case, no other case has been found to be registered against both the applicants. 8.12. After the completion of the investigation, the police has submitted the charge sheet before the Court of learned Additional Chief Judicial Magistrate, Rohru. 8.13. Lastly, it has been mentioned in the status report that the arrest of accused-Rameshwar, is yet to be made. 9. On the basis of the above facts, a prayer has been made to dismiss the application. 10. Investigation, in the present case, is complete, as the police has filed the charge sheet in the case. The only objection, which has been raised by the police in this case is that the third accused, namely Shri Rameshwar, has not yet been arrested. In such situation, the material question, which arises for ( 2025:HHC:16073 )9 determination before this Court is that on the said plea, i.e. non- arrest of accused Rameshwar, can the applicants be kept in the judicial custody, till the arrest of the third accused. Answer to this question is in negative, as the accused persons are presumed to be innocent till their guilt is proved by the prosecution in the trial. 11. Both the applicants are permanent residents of District Shimla. As such, it cannot be apprehended that in case, they are ordered to be released on bail, they may not be available for the trial. 12. It has rightly been pointed out by the learned counsel appearing for the applicants that in the statement made by the complainant, under Section 173 of BNSS, names of assailants have not been mentioned and the complainant has put the onus upon injured Joginder Pal, to disclose the names of those assailants. According to the stand taken by the police, on 21.02.2025, applicants-Harsh Kumar and Ajay were called to the Police Station, where both of them were identified by complainant Praveen Kumar, as the person, who had attacked him, as well as, Joginder Pal in the intervening night of 18./19.02.2025, whereas, the statements of injured Joginder Pal ( 2025:HHC:16073 )10 and his brother were recorded under Section 180 of BNSS on 23.02.2025. 13. Although at the time of deciding the bail applications, detailed discussions about the case of the prosecution should be avoided, but, considering the stand, as taken by the police in the status report, the above material facts cannot be ignored. 14. Even otherwise, the role of the applicants in the commission of the alleged crime will be proved during the trial. The chances of commencement and conclusion of trial against the applicants, in near future, are not so bright, as such, the bail applications cannot be rejected as a matter of punishment, as, pre-trial punishment is prohibited under the law. 15. Considering all these facts, this Court is of the view that the applicants are able to make out a case in their favour for releasing them on bail during the pendency of the trial. As such, the bail applications are liable to be allowed and are allowed, accordingly. 16. Consequently, the applicants are ordered to be released, on bail, during the course of trial, arising out of FIR No.15 of 2025, dated 19.02.2025, registered under Sections 109(1), 117(2), 126(2), 115(2), and 3(5) of BNS, with Police Station, Jubbal, District Shimla, H.P., on their furnishing personal ( 2025:HHC:16073 )11 bonds in the sum of Rs.50,000/- each, with one surety each of the like amount, to the satisfaction of the learned trial Court. 17. This order, however, shall be subject to the following conditions:- a) The applicants shall appear before the IO, as and when, directed by the IO to do so and regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing the appropriate application; b) The applicants shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; c) The applicants shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or the Police Officer, and d) The applicants shall not leave the territory of India without the prior permission of the Court. 18. 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 applications. ( 2025:HHC:16073 )12 19. It is made clear that respondent-State is at liberty to move appropriate applications, in case, any of the bail conditions is found violated by any of the applicants. 20. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, District Jail, Kaithu, Shimla, through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 21. In case, the applicants are not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, District Jail, Kaithu, Shimla, is directed to inform this fact to the Secretary, DLSA, Shimla. The Superintendent of Jail, Kaithu, Shimla, is further directed that if the applicants fails to furnish the bail bonds, as per the order passed by this Court, within a period of one month from today, then, the said fact be submitted to this Court. 22. Copy of this order be placed in the connected case files i.e. Cr.MP(M) No.1091 of 2025. (Virender Singh) Judge May 27, 2025 (subhash) Digitally signed by RAJNI Date: 2025.05.27 14:16:29 IST