IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.MP(M) No. 1614 of 2025 Decided on 7th August, 2025 ___________________________________________________ Hari Singh ……….. petitioner Versus State of Himachal Pradesh ……….respondent ____________________________________________________ Coram: Hon'ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting? 1 For the petitioner : Mr. Saurav Thakur and Mr. Nikhilesh Nagran, Advocates. For the respondent : Mr. Diwakar Dev Sharma, Additional Advocate General. : Mr. Sushant Sharma, Dy. SP, SDPO, Chopal, District Shimla, present in person. : ____________________________________________________ Bipin Chander Negi, Judge (oral) The present bail petition has been filed under Section 483 of the BNSS for grant of bail, in FIR No.34 of 2024, dated 31.08.2024, registered at Police Station, Kupvi, District Shimla H.P., under Section 447 read with Section 34 of IPC and Section 3(i) (vi) of “The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 2. Brief facts giving rise to the case at hand are that on 09.07.2025, the petitioner had surrendered before this Court. On the said date, the petitioner had been enlarged on bail. Today status report has been filed. The same is taken on record. Copy 1 Whether the reporters of the local papers may be allowed to see the judgment? 2 whereof has been supplied to learned counsel for the petitioner. As per the status report, it is evident that petitioner has joined investigation. 3. I have heard learned counsel for the parties and perused the status report. 4. The incident in the case at hand relates back to the year 2006. FIR has been lodged in the year 2024. The allegation of the complainant, who belongs to a Scheduled Caste is qua construction of a Government School Building (Government Middle School Tikker) on land owned and possessed by the family of the complainant. It is further alleged that the bail petitioner was then Parent Teacher Association President of the School and a Zila Parishad Member. He is alleged to have used his political clout to facilitate the construction of the Government School Building on the land of the complainant. In doing so, he is stated to have colluded with the then Head Master one Sh. Daulat Ram and Narayan Singh, a contractor, who executed the work. It is further alleged that funds of Sarva Shiksha Abhiyan (SSA) were mis-utlized. 5. From the status report, it is evident that the incident in the case at hand pertains to the year 2006. FIR was lodged in the year 2024. Government funds have been utilized for construction of the Government Middle School, Tikker. Prima facie, no offence seems to have been committed by the present bail petitioner. Besides the aforesaid, Daulat Ram the then 3 principal who has also been made an accused in the case at hand was granted bail on 13.12.2024 in Cr.MP(M) No. 2347 of 2024 titled Daulat Ram vs. State. 6. Investigation, in the case at hand, is complete. Challan stands filed on 30.10.2024. Nothing is to be recovered from the bail-petitioner. Further, learned Additional Advocate General has fairly submitted, on instructions, that custodial interrogation of the petitioner in the facts and circumstances of the case is not required. From the status report, so filed, it is evident that the petitioner does not have Criminal antecedents. There is no possibility of flight risk in the case at hand. In the given facts and attending circumstances of the case at hand record with respect to the construction of the Government Middle School alleged to have been raised on the land of the informant are government records which pertain to the year 2006. Money spent for the construction thereto is also spent from the ex- chequer. 7. Hence, after going through the material available on record and considering the overall facts and circumstances of the case, this Court finds that the present is a fit case where judicial discretion to admit the petitioner on bail is required to be exercised in his favour. Accordingly, the bail application is allowed and interim order dated 09.07.2025 is confirmed. This bail order is subject, however, to the following conditions:- 4 (i) Petitioner shall 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; (ii) that he 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 any facts to the Court or the police; (iii) that he will not tamper with the prosecution evidence nor he will try to win over the Prosecution witnesses or terrorise them in any manner; (iv) that he will not deliberately and intentionally act in a manner which may tend to delay the investigation or the trial of the case; (v) that he will not leave India without prior permission of the Court; & (vi) Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, Email, PAN Card, Bank Account Number, if any. 8. In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an opinion on the merits of the matter. Learned trial Court shall decide the matter without being influenced by above observations. With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous applications, if any. Downloaded copy of this judgment is valid for compliance. (Bipin Chander Negi) Judge 7th August, 2025 Tarun