2025:HHC:21513 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) Nos.: 1325 to 1330 of 2025 Reserved on : 04 th July, 2025 Decided on : 07 th Ju ly , 2025 1. Cr.MP (M) No. 1325 of 2025 Rabiya …Applicant Versus State of Himachal Pradesh …Respondent 2. Cr.MP (M) No. 1326 of 2025 Magan @ Magna …Applicant Versus State of Himachal Pradesh …Respondent 3. Cr.MP (M) No. 1327 of 2025 Manish …Applicant Versus State of Himachal Pradesh …Respondent 4. Cr.MP (M) No. 1328 of 2025 Danish …Applicant Versus State of Himachal Pradesh …Respondent 2 2025:HHC:21513 5. Cr.MP (M) No. 1329 of 2025 Vinod Kumar …Applicant Versus State of Himachal Pradesh …Respondent 6. Cr.MP (M) No. 1330 of 2025 Suraj …Applicant Versus State of Himachal Pradesh …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the applicant(s) : Applicants in person with Mr. Rakesh Thakur, Advocate. For the respondent : Mr. Anup Rattan, Advocate General with Mr. Tejasvi Sharma, Additional Advocate General. Virender Singh, Judge The above titled applications, are being decided by a common order. The applicants have filed these applications, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), as they are apprehending their arrest, in case FIR No.277 of 2024, dated 06.11.2024, registered, under Sections 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 3 2025:HHC:21513 115(2), 333, 191(2), 191(3), 190, 118(1), and 118(2) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as ‘BNS’), with Police Station Baddi, District Solan. 2. By way of the present applications, indulgence of this Court has been sought to direct the Police/ Investigating Officer of Police Station Baddi, District Solan, H.P., to release the applicants on bail, in the event of their arrest, in the above noted case. 3. According to the applicants, they are innocent persons and have falsely been implicated by the Police, in this case, at the instance of the complainant. According to them, nothing is to be recovered from them, or at their instance. 4. The applicants have also given certain undertakings, for which they are ready to abide by, in case any direction is issued to the police/Investigating Officer, in the above-noted case, under the provisions of Section 482 of the BNSS. 5. The applicants have tried their luck by moving similar applications before the Court of learned Additional Sessions Judge, Nalagarh, District Solan, H.P., however, 4 2025:HHC:21513 the said applications were dismissed vide order dated 2.6.2025. 6. On the basis of the above facts, a prayer has been made to allow the application. 7. When put to notice, the police has filed the status report disclosing therein that on 5.11.2024, complainant Shyam Lal, moved a complaint before the police, disclosing therein that he along with his sister, are residing at the address, as mentioned in the complaint 7.1. According to the complainant, their neighbourers, D.K. Khan, Ashka, Vinod, Manish, Danish Khan, Suraj, Sabiya Khan, Mangaliya and Mangan, attacked them with iron pipe, iron rod, knife and dandas. Due to their attack, Kunwarpal sustained serious injuries, who were taken to hospital for treatment. 7.2. On the basis of the above facts, a prayer has been made to take action against the accused persons, upon which, the police registered the FIR, in question and the police machinery swung into motion. 8. During investigation, at the instance of complainant, spot was visited and spot map was prepared. 5 2025:HHC:21513 Statements of the witnesses under Section 180 of the BNSS, were recorded and on the basis of the statements of the witnesses, Section 118(1) of the BNS was added, in this case. 9. As per the statements of the witnesses, on 5.11.2024, accused D.K. Khan, Vinod, Manish, Danish Khan, Suraj, Rabiya Khan and Magan, had beaten Shyam Lal with sticks, iron rod and iron pipe and knife. When, Kunwarpal, Om Prakash and Urmila, tied to save Shyam Lal, they were also beaten by the said persons. Due to this fact, Shyam Lal, Om Prakash, Urmila and Kunwarpal, sustained injuries. Accused Vinod Kumar (applicant) was having a knife shaped substance, in his hand and other accused persons were having dandas, iron rod and iron pipe with them. 10. Thereafter, the treatment summary of Kunwarpal from Government Medical College Sector-32, Chandigarh was obtained, upon which, the medical Officer CHC, Baddi has given his final opinion, by declaring the injuries on the person of Kunwarpal as grievous. Thereafter, Section 118(2) of BNS was added. 6 2025:HHC:21513 11. During pendency of the investigation Manish and other accused persons have moved an application under Section 482 of the BNSS, before the Court of Additional Sessions Judge, Nalagarh, from where, the interim protection was given to them till 28.04.2025, with a direction to join the investigation. 12. As per the direction of the Court accused Sabiya, along with other co-accused namely Vinod Kumar, Manish, Magan, Suraj and Danish, have joined the investigation 13. Accused Vinod Kumar has produced the knife, sketch of the same was prepared and the same was taken into possession. Similarly, accused Suraj, Danish, Manish, Sabiya and Magan, have produced the dandas, allegedly used in the crime, which were also taken into possession. However, their bail applications were dismissed by the Court of learned Additional Sessions Judge, Nalagarh, District Solan, on 2.6.2025. 14. Lastly, it has been apprehended that the applicants are residents of the adjoining State Utter Pradesh and in case, the interim order is made absolute, 7 2025:HHC:21513 they may not be available for trial and apprehension has also been expressed that they may also coerce the witnesses. 15. On the basis of the above status report, interim protection was given to the applicants with a direction to the I.O., not to take any coercive action, against them and the matter was adjourned to 20.6.2025. 16. On 20.6.2025, the police has filed the status report with the similar facts and the matter was adjourned to 30.6.2025 and thereafter to 4.7.2025, on which dates supplementary status reports were also filed with the similar facts. 17. On the basis of the above facts, a prayer has been made to dismissed the application. 18. As per the stand taken by the Police, in this case, the applicants had joined the investigation and produced the weapon of offence. In such situation, when, the custodial interrogation of the applicants has not been sought by the prosecution, then this Court is of the view that the applicants are entitled to the relief, as claimed, in the applications. 8 2025:HHC:21513 19. Moreover, the applications cannot be rejected, as a matter of punishment, as pre-trial punishment is prohibited under the law. Punishment can only be imposed, after the full fledged trial and the applicants are presumed to be innocent, until proven guilty by the competent Court of law. 20. So far as the apprehensions that the applicants are residents of the adjoining State Utter Pradesh and in case the interim order is made absolute, they may not be available for trial and they may also coerce the witnesses, are concerned, for those apprehensions, reasonable conditions can be imposed, in case the interim order is made absolute. 21. The role, allegedly played by the applicants, in the commission of the alleged crime, will be proved during the trial. 22. At the time of deciding the bail application, detailed discussion of the evidence, so collected, by the prosecution or about the defence, which has been taken, by the applicant, should be avoided, as, it would cause 9 2025:HHC:21513 prejudice to the case of the prosecution, as well as, to that of the accused (applicant). 23. Considering the totality of circumstances, this Court is of the view that the interim protection, granted to the applicants, is required to be made absolute, as, no useful purpose would be served by dismissing the present applications, which would result into the judicial custody of the applicants. 24. Considering all these facts, the interim order dated 06.06.2025, passed by this Court, in all the six cases, are hereby made absolute. Therefore, it is ordered that the applicants be released on bail, in the event of their arrest, in case FIR No.277 of 2024, dated 06.11.2024, registered, under Sections 115(2), 333, 191(2), 191(3), 190, 118(1), 118(2) of the BNS, on their furnishing personal bonds, in the sum of 5 ₹ 0,000/-, each with two sureties each of the like amount, to the satisfaction of the Investigating Officer. This order, however, shall be subject to the following conditions : a) That the applicants will join the investigation of the case, as and when, called for, by the Investigating Officer, in accordance with law; 10 2025:HHC:21513 b) That the applicants will not leave India, without prior permission of the Court; c) That the applicants will 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/her from disclosing such facts to the Investigating Officer or the Court; and d) That the applicants shall 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 appropriate application. 25. 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 applications. 26. It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions, is found violated by any of the applicants. ( Virender Singh ) Judge July 07, 2025 (ps)