2025:HHC:27869 1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CrMP (M) No. : 1480 of 2025 Reserved on : 1 3 .08.2025 Decided on : 19.08 .2025 Lokesh Kumar …Applicant Versus State of Himachal Pradesh …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the applicant : Applicant in person with Mr. Somesh Sharma, Advocate. For the respondent : Mr. Mohinder Zharaick and Mr. H.S. Rawat, Rattan, Additional Advocates General, assisted by ASI Bhim Singh, Police Station Majra, District Sirmaur, H.P. Virender Singh, Judge. Applicant-Lokesh Kumar, apprehending his arrest in case FIR No. 97 of 2025, dated 13.06.2025, registered, under Sections 299, 132, 191(2), 191(3), 190, 351(2), 115(2) 121(1), 109, 61(2) and 118(1) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2025:HHC:27869 2 ‘BNS’), with Police Station Majra, District Sirmaur, H.P., has approached this Court, by way of the present application, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), with a prayer to direct the Police/Investigating Officer of Police Station Majra, District Sirmaur, H.P., to release them on bail, in the event of his arrest, in the above mentioned FIR. 2. According to the applicant, he is not involved in any such activity, as is being claimed against him, by the police, in this case. 3. It is the case of the applicant that his name is nowhere figuring in the afore-noted FIR, however, on the basis of some distorted information, being supplied to the police, by some person, on account of inimical relationship, with him. 4. The applicant has termed the case of the prosecution has a bundle of lies. According to the applicant, he is innocent and has nothing to do with the alleged offences. 2025:HHC:27869 3 5. The applicant has also given certain undertakings, for which, he is 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. 6. Apart from this, the applicant, through his counsel, has also given certain undertakings, for which the applicant is ready to abide by, in case, any direction is issued to the police/Investigating Officer, under the provisions of Section 482 of the BNSS. 7. On the basis of the stand, so taken in the bail application, the police was directed to file the status report, on 25.6.2025. 8. The police has filed the status report, disclosing therein, that on 13.06.2025, HC Pradeep Kumar No.209, was directed to visit Civil Hospital, Paonta Sahib and JC Juneja Hospital, to verify the factual position, as mentioned, in reports No.38 and 39. In JC Juneja Hospital, HC Sandeep was found in injured condition. Requisite forms were filled for his medico legal examination and MLC was obtained. 2025:HHC:27869 4 8.1. Thereafter, HC Pradeep Kumar No.209, visited Civil Hospital Paonta Sahib, where ASI Ashish Kumar, was found admitted for treatment. MLC of SI Ashish Kumar was obtained. The Medical Officers of JC Juneja Hospital, and Civil Hospital, Paonta Sahib, declared the injuries on the person of HC Sandeep Kumar and ASI Ashish Kumar as simple in nature. 8.2. Thereafter, ASI Ashish Kumar, Police Station Majra, District Sirmaur, got recorded his statement, under Section 173 of the BNSS to HC Pradeep Kumar No.209, disclosing therein, that he is posted as I.O. in Police Station Majra. 8.3. On 10.06.2025, a case FIR No.95 of 2025, was registered under Section 137(2) of the BNS, on the ground that one Muslim boy had enticed away a Hindu girl. In this context, on 13.06.2025, in the morning, volunteers of Jagran Manch had gathered at Majra Chowk for demonstration. 8.4. The said mob was pacified by SDPO and Incharge, Police Station, Majra, however, the persons, who were demonstrating there, were again and again stressing 2025:HHC:27869 5 that they will finish the person, who has enticed away the girl. Due to their activities, the police apprehended about the violence. As such, police force was requested to be deputed from Police Lines, Nahan and Paonta Sahib. Those policemen were deputed at the house of the main accused Mohseen Khan, in village Kiratpur, in order to maintain law and order situation. 8.5. ASI Ashish Kumar further got recorded that he, along with other police officials, including HC Sandeep No.512, LC Gurpreet Kaur No.274, was also present there. At about 5.30 p.m., from Matak Majari side, the volunteers of Hindu Jagran Manch, including MLA Sukh Ram Chaudhary, MLA Rajeev Bindal, Manav Sharma, Sunil Gupta, Raj Kumar, Ashish Attri, Nand Lal, Indra, Alka, and other ladies and other persons on motorcycle, who were having dandas in their hands, were proceeding towards the house of Mohseen. 8.6. The Dy.SP, Paonta Sahib, had tried his level best to pacify them, but, they had not paid any heed to him. When, Dy.SP Paonta Sahib and SHO Majra were trying to pacify them, then, Manav Sharma and Sumit 2025:HHC:27869 6 Gupta, who were also present in the said mob, were instigating the other persons, by saying that the police is not searching for the girl and that, they themselves had to finish the person, who had enticed away the said girl. Meanwhile, the mob became aggressive. 8.7. Thereafter, someone from the persons belonging to Muslim community had pelted stone, due to which, tension arose between the two communities and they started pelting stones on each other and also beating each other with dandas. Meanwhile, some of the persons from the mob had also started pelting stones on the police. 8.8. Due to pelting of stones, complainant sustained injuries over his head and forehead. A person, out of the mob, had also hit HC Sandeep with a danda on his head. Consequently, he sustained injuries. Similarly, LC Gurpreet Kaur, No.274 had also sustained injuries, which were caused by the members of the mob. As such, a prayer has been made to take action. 9. After registration of the FIR, further investigation was entrusted to HC Pradeep Kumar No.209. During investigation, on 14.06.2025, HC Pradeep Kumar, 2025:HHC:27869 7 No.209, I.O. Police Station Majra, at the instance of complainant ASI Ashish Kumar, visited the spot and spot map was prepared. Statements of witnesses, under Section 180 of the BNSS, were recorded. 10. It has been found during the investigation that the agitated mob had prevented the police officials from performing their duties and beaten them. As such, Section 121 BNS was added, in this case. Thereafter, the investigation of the case was entrusted to SI/SHO Police Station, Majra. 11. On 14.06.2025, accused Sumit Gupta, son of Kishan Lal Gupta, Manav Sharma son of Shri Mahavir Sharma, Jai Prakash Pandey son of Shri Ramesh Kumar, and Raj Kumar son of Shri Amar Singh, were associated in the investigation and on finding their involvement, they were arrested at about 7.30 p.m. Thereafter, they were produced before the Doctor for medico-legal examination and their MLCs were obtained. 12. It is further case of the police that out of the agitated mob, one person had inflicted gandasi blow on the head of HC Sandeep Kumar. Due to the said blow, the cap 2025:HHC:27869 8 worn by HC Sandeep Kumar got cut and he also sustained deep injury over his head, which, as per MLC, is 7x2 c.m. long (elliptical shape). 13. It is the further case of the Police that had HC Sandeep Kumar not worn the cap, the said injury could have been dangerous to his life. As such, Section 109 of BNS was added in this case. 14. During the course of investigation, spot was also videographed. The accused persons, who were arrested, were produced before the Court of learned Judicial Magistrate First Class, Nahan, from where, they were remanded to police custody. 15. It is the further case of the police that on 16.6.2025, C. Rijwan, Security Branch, Paonta Sahib, has produced the CD of videography and photographs. Those were analyzed minutely. One Sameer Khan, had also made available the footage of the CCTV camera installed in his house at Kiratpur, which was examined. The time of the same was found to be 10 minutes ahead of the actual time and the date was found to be 16.6.2025. 2025:HHC:27869 9 16. As per the CCTV footage, on 13.06.2025, at about 5.43.35 p.m., a suspicious person was noticed, who had worn black coloured T-shirt and black shorts. He was having gandasa/farsa in his right hand. He had muffled his face with white coloured cloth. The said person was found to be joining the mob. He was followed by another person, who was having danda in his right hand. The said person had also worn the same type of clothes. These persons were found to be moving from Fatehpur towards the house of Mohseen at Kiratpur. Few persons were noticed in the CCTV footage, who were having dandas in their hands. Manav Sharma, was also found to be in the mob at about 5.45.15 p.m. He had worn long white Kurta Pajama, and his tuft of hair was also visible. The said CCTV footage was preserved and submitted to the SI/SHO. 17. As per the statement of HC Sandeep Kumar, the said persons were found to be Manav Sharma, Sumit Gupta, Raj Kumar and Nand Lal. Those persons were seen with the aggressive mob. 18. It has also been mentioned in the status report that the man with muffled face, who had attacked the 2025:HHC:27869 10 police official, has been identified as Raman Kumar, who, was in the mob, alongwith his friends-Lokesh Kumar (applicant) and Solanki. 19. It is the further case of the police that applicant-Lokesh, alongwith hes friends-Raman Kumar and Solanki, has pelted stones on the police. 20. On the basis of the above status report, filed on 25.6.2025, interim protection was granted to the applicant and the matter was adjourned to 27.06.2025. 21. On 27.6.2025, police has filed the status report, disclosing therein, the facts, which were mentioned in the status report, filed on 25.6.2025. In addition to this, it has been mentioned that the suspicious persons, shown in the photographs, were having the danda, farsa/gandasa and stones, in their hands. 22. Thereafter, the matter was adjourned for 7th July, 2025. The police has filed the subsequent status reports by asserting the same facts and in the status report, filed on 12th August, 2025, it has been apprehended that in case, the applicant is ordered to be released on bail, 2025:HHC:27869 11 he may again commit similar offence and may influence the witnesses to depose in his favour. 23. On the basis of the above facts, it has been prayed by learned Additional Advocate General that the applicant is not able to make out a case in his favour. 24. Highlighting the seriousness of the offences and its implications on the society at large, the learned Additional Advocate General, has prayed that the applicant is not entitled to the relief, as claimed, in the bail application. 25. As such a prayer has been made to dismiss the bail application. 26. Per contra, learned counsel appearing for the applicant has argued that the applicant is having deep roots in the society, and is entitled to the relief, as claimed in the application, as no prayer has been made for his custodial interrogation. 27. It has been argued by the learned counsel for the applicant that pre-trial punishment is prohibited under the law. As such, a prayer has been made to allow the application, as prayed for. 2025:HHC:27869 12 28. The applicant is permanent resident of District Sirmaur, as such, it cannot be apprehended that in case, the interim order is made absolute, he may not be available for the trial. 29. It has come in the status reports, so filed by the police, that the applicant has joined the investigation. There is no iota of evidence in the status reports, so filed, that the applicant is not co-operating with the investigation. 30. The role allegedly played by the applicant, in the commission of the alleged crime, would be proved during the trial and the chances of the commencement and conclusion of the trial, against the applicant, are not so bright. 31. Considering the totality of circumstances, this Court is of the view that the interim protection, granted to the applicant, is liable to be made absolute, as, no useful purpose would be served by dismissing the present application, which would result into the judicial custody of the applicant. 2025:HHC:27869 13 32. Considering all these facts, the interim order dated 25.06.2025, is hereby made absolute. Therefore, it is ordered that the applicant be released on bail, in the event of their arrest, in case FIR No. 97 of 2025, dated 13.06.2025, registered, under Sections 299, 132, 191(2), 191(3), 190, 351(2), 115(2), 121(1), 109, 61(2) 118(2) of the BNS, on his furnishing personal bonds, in the sum of 5 ₹ 0,000/-, with one surety of the like amount, to the satisfaction of the Investigating Officer. This order, however, shall be subject to the following conditions : a) That the applicant shall join the investigation of the case, as and when, called for, by the Investigating Officer, in accordance with law; b) That the applicant shall not leave India, without prior permission of the Court; c) That the applicant shall 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 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 appropriate application. 33. 33. Any of the observations, made hereinabove, shall not be taken as an expression of opinion, on the 2025:HHC:27869 14 merits of the case, as these observations, are confined, only, to the disposal of the present applications. 34. 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 the applicant. ( Virender Singh ) Judge August 19, 2025 ( rajni )