1 2025:HHC:20102 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MP(M) No. 1354 of 2025 Reserved on : 23.6.2025 Decided on : 27.6.2025 Ashwani Thakur …Applicant Versus State of H.P. …Respondent _______________________________________________________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ________________________________________________ For the Applicant : Mr. Prashant Sharma, Advocate. For the Respondent : Mr. Mohinder Zharaick and Mr. H.S. Rawat, Additional Advocate Generals with Ms. Ranjna Patial, Dy. A.G., assisted by ASI Hem Singh, Police Station, Sadar, District Bilaspur, H.P. Virender Singh, Judge Applicant Ashwani Thakur 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 2 2025:HHC:20102 pendency of the trial, in case FIR No. 3 of 2025, dated 1.1.2025, registered under Sections 109, 333, 191(3), 190, 115(2), 352, 351(2), 61 (2) of Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the BNS’) and Section 25 of Arms Act, with Police Station, Sadar, District Bilaspur, 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 no concern whatsoever with the offence, for which, he has been arrested, by the police. 3. According to the applicant, he is in judicial custody and according to him, no useful purpose would be served by keeping him in judicial custody. 4. The applicant has earlier tried his luck by moving similar application, before the Court of learned Additional Sessions Judge, Ghumarwin, District Bilaspur, H.P. However, the same has been dismissed on 2.6.2025. 3 2025:HHC:20102 5. The applicant has further pleaded that he is the sole bread earner of his family. 6. It is the further case of the applicant that apart from the present case, one another case has been registered against him, particulars of which, are reproduced as under: i) FIR No. 77/2022, dated 12.5.2022, under Sections 307, 341, 323 and Section 34 IPC and Sections 196 and 181 of M.V. Act. 7. 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. 8. On these submissions, a prayer has been made to allow the bail application. 9. When put to notice, the police has filed the status report, disclosing therein, that on 1.1.2025, as per the information recorded in rapat No. 36, Police Station, Sadar, one person has sustained injuries in a scuffle at Parnali and said injured has 4 2025:HHC:20102 been brought for treatment to AIIMS, Bilaspur, upon which, ASI Hem Singh, alongwith other police officials, in order to verify the said fact, reached at AIIMS, Bilaspur, H.P., where Incharge AIIMS Cell, H.C. Vikas Sharma was present. He has submitted MLC of injured Ramesh Kumar, blood samples, specimen seals and docket for RFSL to ASI Hem Singh. 9.1 After obtaining information from the Doctor, statement of injured Ramesh Kumar was recorded by ASI Hem Singh. In his statement, complainant Ramesh Kumar has disclosed that he is resident of Kishangarh, District Jaipur, Rajasthan, and working in the Amul Milk Plant, Parnali, District Bilaspur, for the last four months. 9.2 There were total 10-12 employees. On 1.1.2025, when, the complainant alongwith other employees reached at the Milk Plant, then, at about 11:15 a.m., Shashi Kant @ Sintu, who is stated to be Route Transporter in the Company came there and 5 2025:HHC:20102 abused them. He has started beating the complainant with the fist blows. Other employees tried to intervene, upon which, Shashi Kant had also started beating Karan Sharma. Other employees who were present there intervened and saved Karan Sharma. Thereafter, Shashi Kant left the spot while abusing the complainant and Karan Sharma. After some time, he again came alongwith his companions, namely Rohit and 3-4 other persons, laced with swords, hockey sticks and dandas. 9.3 After abusing them, they entered in the milk plant and Rohit and another person had attacked the complainant with sword and hockey stick. Rohit is stated to have inflicted sword blow on the head of the complainant. According to his further version, had his co-employees not saved him, he would have been killed. 9.4 Lastly, the complainant has stated that Rohit, Shashi Kant and other employees hatched the conspiracy to kill him and for that purpose, they had 6 2025:HHC:20102 inflicted injuries on the person of the complainant, with swords, hockey sticks and dandas. 9.5 On the basis of above facts, the Police has registered a case under Sections 115(2), 352, 351(2), 191(2), 190, 191(3) and 109 of BNS. Thereafter, ASI Hem Singh had started the investigation. 9.6. On 1.1.2025, I.O. recorded the statements of Tarun Nadda, Deepak Kumar and HHG Sanjeev Kumar, under Section 180 of BNSS. On 1.1.2025, one Manoj Kumar has produced vehicle No. HP 24D-8184, allegedly used by accused Shashi Kant, in the crime in question, before the Police, which was also taken into possession. 9.7. On 2.1.2025, ASI Hem Singh, on the identification of eye witness Kamal Thakur, visited the spot and prepared the spot map. From the spot, blood samples were collected with the help of expert. Forensic report regarding scene of occurrence was prepared and CCTV footage was perused. 7 2025:HHC:20102 9.8 Thereafter, injured Ramesh Kumar had produced the wearing apparels, worn by him, at the time of incident, which were also taken into possession. 9.9 On 2.1.2025, accused Vikas Sankhyan produced vehicle HP 24 E 2522, alongwith its keys, and Registration Certificate, which were also taken into possession. Accused Vikas Sankhyan was inquired, who has disclosed that at the instance of accused Shashi Kant and other accused persons, he had kept hockey sticks, base ball bat and danda in his vehicle, mentioned above. His involvement in the case was found, as such, he was arrested on 2.1.2025. 9.10 On 3.1.2025, Vikas Sankhyan was produced, before the Court, from where, he was remanded to Police custody. During remand, it is disclosed that 100 meters away from the Milk plant, Parnali, Shashi Kant, Dheeraj Kumar, Rohit Kumar, Dinesh Kumar @ Goldy, Ajay Kumar and Ashwani Thakur (applicant) 8 2025:HHC:20102 met him. Accused Shashi Kant and his companion disclosed to him that they had to beat the plant employees to death. The aforesaid persons are stated to have beaten one Pritam Singh. Shashi Kant and other co-accused had directed Vikas Sankhyan to keep the weapons in his vehicle, upon which, Vikas Sankhyan had kept the weapons in his vehicle. 9.11 On 5.1.2025, he has made disclosure statement, under Section 23 of BSA. On 5.1.2025, the I.O. received a secret information regarding the fact that other accused were seen at Nauni, upon which, the I.O. reached there. On the same day, as per the secret information, the I.O. alongwith other police officials, regarding the presence of other accused persons, at Nauni, reached there, where he noticed four persons. On inquiry, they disclosed their names as Rohit Kumar, Shashi Kant, Dinesh Kumar and Dheeraj Kumar. They were inquired and on finding their involvement in the crime in question, they were arrested. 9 2025:HHC:20102 9.12 On 6.1.2025, they were produced before the competent Court of law and were remanded to Police custody till 8.1.2025. The aforesaid four persons, during police custody, revealed that accused Ajay Kumar @ Monu and Ashwani Thakur (applicant) were also with them. All of them, after committing the crime in question, are stated to have fled away, towards Chandigarh, alongwith the weapons, in the vehicle of Rohit Kumar. Rohit Kumar also disclosed that weapons used in the crime in question were kept concealed in his vehicle and he can get recovered the car, as well as, the weapons in question. 9.13 On 7.1.2025, accused Vikas Sankhyan was produced before the learned CJM, Bilaspur, and he was remanded to Police custody, till 20.1.2025. On 7.1.2025, accused Rohit Kumar made disclosure statement under Section 23 of the BSA and identified the place of occurrence and also got recovered vehicle No. HP 23A-5240, alongwith weapons of offence, i.e. sword alongwith its cover, hockey stick, base ball bat 10 2025:HHC:20102 and one danda. Statements of witnesses were recorded under Section 180 of BNSS. On 7.1.2025, accused Ajay Kumar and Ashwani Thakur (applicant) appeared before the Police, who were inquired by the Police and after finding their involvement in the crime in question, all of them were arrested. 9.14 On 15.1.2025, weapons of offence, which were got recovered in pursuance of disclosure statements, and were kept in Police mallkhana, were got identified from the complainant. Thereafter, final opinion was obtained, upon which, the Doctor opined that the injuries with these types of weapons, could be grievous. Thereafter, Doctor also opined that injury Nos. 1 and 2, on the person of injured Ramesh Kumar, are dangerous to life. 9.15 Against applicant Ashwani Thakur, the following case is found to have been registered: i) FIR No. 77 of 2022, dated 12.5.2022, under Sections 307, 341, 323, 34 IPC and Sections 196 and 181 of M.V. Act, with Police Station, Bilaspur, H.P. 11 2025:HHC:20102 9.16 After completion of investigation, Police filed charge sheet and submitted the same in the competent Court of law on 27.3.2025. Physical evidence, so sent to the FSL, and report regarding the same, is stated to have been received. 9.17 Lastly, it has been apprehended that applicant is very clever person and, in case, he is ordered to be released on bail, he may coerce the witnesses and allure them to depose in his favour and may also repeat the same incident. 9.18. As such, a prayer has been made to dismiss the application. 10. Investigation in the present case is complete. As per the status report, involvement of the applicant has been found, on the basis of revelations, made by his co-accused. Considering the fact that nothing has been recovered at his instance or from his possession, read with the fact that the role attributed to the applicant, in the crime in question, would be proved during the trial, this Court is of the view that 12 2025:HHC:20102 applicant is able to make out a case for bail, in his favour. 11. Considering the fact that investigation, in the present case, is complete, this Court is of the view that no useful purpose would be served by keeping the applicant in judicial custody, that too, for indefinite period. 12. Applicant is permanent resident of District Bilaspur, as such, it cannot be apprehended that he may not be available for trial. 13. So far as registration of another case, that too under Section 307 of the IPC, is concerned, admittedly, in the said case, the applicant has not been convicted by the competent Court of law. Mere registration of the FIR is too short to take away the presumption of innocence, which is still available to the applicant. 14. Dismissal of the bail application, even after completion of challan and filing the charge sheet, is 13 2025:HHC:20102 nothing, but pre trial punishment, which is prohibited under the law. 15. So far as the apprehensions, which have been expressed by the Police, in the status report, are concerned, for those apprehensions, reasonable conditions can be imposed, in case, the applicant is released on bail. 16. Considering the totality of the circumstances, especially the fact that involvement of the applicant has been found by the police on the basis of revelations, made by his co-accused, before the Police, this Court is of the view that no useful purpose would be served by keeping him in judicial custody. 17. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 18. Consequently, the applicant is ordered to be released on bail in case FIR No. 3 of 2025, dated 1.1.2025, registered under Sections 109, 333, 191(3), 14 2025:HHC:20102 190, 115(2), 352, 351(2), 61 (2) of the BNS and Section 25 of Arms Act, with Police Station, Sadar, District Bilaspur, H.P., on his furnishing personal bond in the sum of Rs. 50,000/-, with one surety in the like amount, to the satisfaction of learned trial Court. 17. This order, however, shall be subject to the following conditions:- a) Applicant 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 the appropriate application; b) Applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; c) Applicant 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) Applicant shall not leave the territory of India without the prior permission of the Court. 18. Any of the observations, made herein above, shall not be taken, as an expression of opinion, on the merits of the case, as these observations are 15 2025:HHC:20102 confined, only to the disposal of the present bail application. 19. 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 to be violated by the applicant. 20. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Open Air Jail, Bilaspur, H.P. through e-mail, with a direction to enter the date of grant of bail in the e- prison software. 21. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Open Air Jail, Bilaspur is directed to inform this fact to the Secretary, DLSA, Bilaspur. The Superintendent of the Open Air Jail, Bilaspur, H.P. is further directed that if the applicant 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. (Virender Singh) Judge June 27, 2025 Kalpana Digitally signed by RAJNI Date: 2025.06.27 12:19:11 IST