1( 2025:HHC:16775 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP(M) Nos.1173 & 1174 of 2025 Reserved on:- 28.05.2025 Date of Decision: 30.05.2025 Cr.MP(M) No.1173 of 2025 Akku …Applicant Versus State of H.P. …..Respondent ________________________________________________ Cr.MP(M) No.1174 of 2025 Saleem Khan …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. K.S. Gill, Advocate. For the respondent(s) : Mr. Tejasvi Sharma, Additional Advocate General with Mr. Rohit Sharma and Ms. Ranjna Patial, Deputy Advocates General. 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.25 of 2025, dated 22.01.2025 (hereinafter referred to as the ‘FIR in question’), registered under Sections 310(2) & 115(2) of the Bharatiya Nyaya Sanhita, 2023 1 Whether reporters of Local Papers may be allowed to see the judgment? 2( 2025:HHC:16775 (hereinafter referred to as the ‘BNS’), with Police Station Nalagarh, District Solan, 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 innocent persons and have falsely been implicated and arrested, by the police, in this case. 4. As per the applicants, there is no iota of evidence, against them. 5. It has been averred in the application that they are respectable citizens, having deep roots in the society. 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. K.S Gill, 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. 3( 2025:HHC:16775 8. When, put to notice, the police has filed the status report, disclosing therein, that on 21.01.2025, Inspector/SHO, Police Station, Nalagarh, received information that the quarrel had taken place at GPI Textile, Chokiwala and some unknown persons, after snatching the gun, from the Security Guard had fled away from there, in vehicle bearing No.HP12G-2586, make Swift Dzire, upon which, police station was duly informed and IO was directed to visit the spot and verify the facts. Subsequently, ASI Jitender, alongwith other police officials, reached at the spot, where injured Kishan Chand was present and he was taken to CHC Nalagarh for his treatment. 8.1. It is the case of the police that the Medical Officer has deferred final opinion of the injured, till the receipt of the report from Ortho and Dental opinion. Thereafter, injured made a statement, under Section 173 of BNSS, disclosing therein, that he is working as Security Guard with GPI Textile Chokiwala, Tehsil Nalagarh, for the last two years. According to him, on 21.01.2025, he was on duty at Gate No.2, from 6:00 PM to 6:00 AM, and at about 7:00 PM to 7:30 PM, his wife Seema Devi has informed him that some persons were sitting near the temple, in their colony. Thereafter, the complainant had gone to the spot and noticed that 5-6 persons were sitting there. When enquired 4( 2025:HHC:16775 by the complainant, as to why, they were sitting there, they had disclosed that they came to answer the call of the nature, upon which, complainant objected to and said that this place is not meant to answer the call of the nature. He had also told them to disclose this fact to his S.O. (Supervisory Officer). 8.2. It is the further case of the complainant that on hearing this, the persons, who were present there, started beating him and one of them had called other persons. Subsequently, two more persons came there in the vehicle and started beating him. Out of them, one person had snatched the double barrel gun and pointed the same towards the complainant. Thereafter, they had taken away the double barrel gun with them. The complainant noticed the number of the vehicle as HP12G-2586. He has further got recorded that he came to know about the names of those persons, as Akku, Bal Krishan, Saleem Khan, Rohit Sharma alias Mani, Dilraj Mohammad and Major Singh. 8.3. Lastly, the complainant has alleged that all the persons have beaten him and snatched away his rifle. As such, according to him, they had committed the dacoity. The incident was allegedly witnessed by Security Guard-Sukh Dev and wife of complainant-Seema Devi. 5( 2025:HHC:16775 8.4. Thereafter, search was made for the said vehicle, which was found parked at Dherowaal road near Manav Hospital. Two persons were there and on enquiry, they have disclosed their names as Bal Krishan and Major. Both were detained and in the Police Station, they have disclosed the names of their accomplices, as Rohit, Akku, Saleem and Dilraj, who have further proceeded towards Dargah on Ramshehar Road, upon which, IO reached at Dargah, where all the above persons were found and were detained. On 22.01.2025, the above persons were arrested. 9. On the basis of the above facts, police registered the FIR in question and criminal machinery swung into motion. 10. It is the further case of the police that following cases are found to have been registered against applicant-Akku:- (i) FIR No.103 of 2021, dated 06.04.2021, under Sections 21-61-85 of ND&PS Act. (ii) FIR No.159/2023, dated 03.06.2023, under Section 21-61-85 of ND& PS Act. (iii) FIR No.21 of 2020, dated 17.01.2020, under Section 20-61-85 of ND& PS Act. 11. Similarly, as per the case of the police, following cases are also found to have been registered against applicant- Saleem Khan:- 6( 2025:HHC:16775 (i) FIR No.209 of 2019, dated 16.07.2019, under Sections 21-61-85 of ND&PS Act. (ii) FIR No.264 of 2019, dated 12.09.2019, under Sections 341, 323, 34 of IPC. (iii) FIR No.123 of 2020, dated 07.04.2020, under Sections 21-61-85 of ND&PS Act. (iv) FIR No.327 of 2022, dated 22.12.2022, under Sections 21-61-85 of ND&PS Act. 12. As per status report, the charge-sheet has been filed, in this case, on 21.03.2025 and supplementary challan will be filed, after receipt of the report of Radiologists. 13. On basis of the above facts, a prayer has been made to dismiss the applications. 14. Admittedly, accused persons were not known to the complainant previously that is why, he had got recorded in his statement to the police that he came to know about their names. No test identification parade was got conducted by police, in this case. 15. The investigation, in the present case, is complete and the role, allegedly attributed to the applicant in the commission of the crime, as per the prosecution case, will be proved during the trial. 16. It has rightly been argued by learned counsel, appearing for the applicants, that no useful purpose would be 7( 2025:HHC:16775 served by keeping the applicants, in the judicial custody, that too, for the indefinite period as the chances of conclusion of trial, against the applicants, in near future, are not so bright. 17. Both the applicants are permanent residents of District Solan, H.P. and 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. 18. Despite registration of the cases, details of which have been reproduced in the preceding paras, against applicants-Saleem Khan and Akku, presumption of innocence is still available to them as, the competent Court of law has not convicted them, in any of the cases, nor they have been declared as habitual offender by the competent authority. 19. 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 accordingly allowed. 20. Consequently, the applicants are ordered to be released, on bail, during the pendency of the trial, arising out of FIR No.25 of 2025, dated 22.01.2025, registered under Sections 310(2) & 115(2) of BNS, with Police Station, Nalagarh, District 8( 2025:HHC:16775 Solan, H.P., on their furnishing personal 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. 21. This order, however, shall be subject to the following conditions:- a) The applicants shall appear 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. 22. 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. 9( 2025:HHC:16775 23. It is made clear that respondent-State is at liberty to move appropriate applications, in case, any of the bail conditions are found violated by any of the applicants. 24. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, District Sub Jail, Kishanpura, Nalagarh, District Solan, H.P, through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 25. 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 Sub Jail, Kishanpura, Nalagarh, District Solan, is directed to inform this fact to the Secretary, DLSA, Solan. The Superintendent of Jail, District Sub Jail, Kishanpura, Nalagarh, District Solan, 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. 26. Copy of this order be placed in the connected case file i.e. Cr.MP(M) No.1174 of 2025. (Virender Singh) Judge May 30, 2025 (subhash) Digitally signed by RAJNI Date: 2025.05.30 14:45:11 IST