Extracted from the PDF above. The PDF is authoritative.
2025:HHC:29472 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr. MP (M) Nos.: 1801, 1822 & 1823 of 2025 Reserved on : 21.08.2025 Decided on : 30.08.2025
1. Cr. MP (M) No.1801 of 2025 Reeta
…Applicant Versus State of Himachal Pradesh …Respondent
2. Cr. MP (M) No.1822 of 2025 Poonam
…Applicant Versus State of Himachal Pradesh …Respondent
3. Cr. MP (M) No.1823 of 2025 Samkali
…Applicant Versus State of Himachal Pradesh …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the applicant : Mr. Prem Chand Verma & Mr. Aakash Thakur, Advocates. For the respondent : Mr. Tejasvi Sharma and Mr. H.S. Rawat,
Additional
Advocates General with Ms. Ranjna Patial, 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:29472 Deputy Advocate General, assisted by ASI Amar Singh, Police Station Moorang, District Kinnaur, for the respondent/State. Mr. R.K. Bawa, Senior Advocate with Mr. Abhinav Thakur, Advocate for the complainant. Virender Singh, Judge The above titled three applications are being decided by the common order, as, the applicants have filed these applications, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS'), with a prayer to release them on bail, during the pendency of trial, arising out of FIR No.13 of 2025, dated 15.06.2025, registered, under Sections 103(1), 109, 126(2), 191(2), 191(3), 190, 115(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’), with Police Station, Moorang, District Kinnaur, H.P.
2. According to the applicants, they are innocent persons and not involved in the commission of the alleged crime. 3. As per the applicants, there is no iota of evidence connecting them with the commission of the
3 2025:HHC:29472 alleged crime. According to the applicants, they were not present at the spot. 4. On the basis of the above facts, learned counsel appearing for the applicants has given certain undertakings, to which, the applicants are ready to abide by, in case, the applicants are ordered to be released on bail. 5. On the basis of the above facts, a prayer has been made to allow the application. 6.
When put to notice, the police has filed the status report, disclosing therein, on 15.06.2025, one Anjali, resident of Pooh, telephonically informed the police that in village Rarang, her family members were irrigating their fields, when some persons had attacked upon them, who were already hiding there, as such, she has requested the police to help. 6.1. Thereafter, HC Vishal No.19, along with other police officials, proceeded towards village Rarang to verify the fact. However, on he way, they came to know that after the quarrel, both parties were taken to Regional Hospital Reckong Peo, for treatment. 4 2025:HHC:29472
6.2. Thereafter, the police party reached at Regional Hospital, Reckong Peo, where, Krishan Lal, Kumanand, Dandup Gyanchho, Suman and Praveen were found to be admitted for treatment. A request was made to Medical Officer, Regional Hospital, Reckong Peo, for their medical examination. 6.3. Thereafter, Chunni Devi, got her statement recorded, under Section 173 of the BNSS, disclosing therein, that on 15.06.2025, in the morning hours, she along with her husband, had gone to irrigate the fields. After their turn, it was the turn of her brothersinlaw Kumand and Dandup Gyanchho, to irrigate their fields. 6.4. When, the complainant and her husband, were returning back, after irrigating their fields, then, at about 9.30 a.m., Dawa Gyalchan, Samkali, Suman Singh, Praveen, Poonam and their daughter in law, came together, having iron rods, sticks, stones and Darat (big sickle) in their hands. All of them had attacked upon them. Consequently, Kumanand, Dandup Gyanchho and Krishan Lal sustained injuries. 5 2025:HHC:29472
6.5. In the meanwhile, their covillager Shiv Singh, who was sowing his fields, came there and saved them from the assailants. Krishan Lal sustained injuries and was soiled with blood and become unconscious. On seeing this, the above persons, along with their weapons, fled away from the spot, by threatening them to finish them off. As such, she had prayed that action be taken against them. 7.
On the basis of the above facts, the police registered, FIR No.13/2025, under Sections 126(2), 191(2), 191(3), 190, 115(2) and 351(3) of the BNS. The MLCs of the injuredKrishan Lal, Dandup Gyanchho and Kumanand were obtained. All the three persons were referred to higher center and Krishan Lal was found not fit to make statement. 8. Thereafter, accused Gyalchhan, Suman and Praveen, were medicolegally examined and their MLCs were obtained. Suman was further referred for treatment to MGMHC, Khaneri Rampur. Injured Dawa Gyalchand has also got recorded his statement under Section 173 BNSS, disclosing therein that he is Carpenter by
6 2025:HHC:29472 profession. On 15.06.2025, at about 10.30 a.m., when he was present at his house, then, he notice that two persons were ploughing his applied nautor land, upon which, he had gone there. His two sons Praveen Kumar and Suman, have followed him. When, he reached there, he noticed that Kumanand and Dandup Gyanchho, were present there and two Nepali nationals were ploughing the land, upon which, he had objected to the said act and asked Kumanand and Dandup Gyanchho, as to why, they are ploughing their land. When, he requested them not to plough his land, then all the three uttered that if the land belongs to them, then show the papers of the land, upon which, he directed the Nepali national labourers to stop the work. When, the complainant proceeded towards the Nepali labours to stop the work, then, Dandup Gyanchho, Krishan Lal and Kumanand restrained him to do so and gave a danda blow, which he had stopped with his hand. Consequently, he sustained minor injuries in his hand. Meanwhile, his sons Praveen and Suman also reached there and tried to save him from the clutches of Kumanand, Krishan Lal and Dandup Gyanchho. Then
7 2025:HHC:29472 Krishan Lal inflicted stone blow on the head of his younger son.
Komanand inflicted stone blow on the right knee and threatened that it will not be good for them, if they again entered in the said land. Thereafter, complainant along with his son left the spot. As such, he has prayed that action be taken them, upon which, FIR No.14 of 2025, under Section 126(2), 115(2), 352, 3(5) of the BNS was registered against Kumanand Krishan Lal and Dandup Gyanchho. 9. Investigation in FIR No.13 of 2025, was initially conducted by HC Vishal No.19, who has visited the spot on 16.6.2025 and on the identification of the independent witnesses Shiv Kumar and Ranjeet, the spot was inspected. Spot map was prepared and the blood stained stone was taken into possession. Statement of witnesses were recorded under Section 180 of the BNSS. Spot was video graphed. 10. Since, injuredKrishan Lal, Kumanand and Dandup Gyanchho, were under treatment in IGMC, Shimla, as such, HC Mohit No.371 had come to Shimla on 16.06.2025, to record their statements. HC Mohit has also
8 2025:HHC:29472 made correspondence with CMO (Casualty Medical Officer), IGMC, Shimla, upon which, the CMO has opined that Krishan Lal is in coma, as such, he is unfit to make statement, whereas, Kumanand has been discharged from the hospital and Dandup Gyanchho was still under treatment and he is fit to make the statement. 11. Thereafter, the I.O. has recorded the statements of Dandup Gyanchho and Kumanand, under Section 180 of the BNSS. On 17.06.2025, on the statement of Kumanand, Dundup Gyanchho, Ranjeet Dungdung and Shiv Singh, Section 109 BNS was added, in this case and thereafter, further investigation was conducted by SHO Police Station Moorang. 12. On 18.06.2025, information was received in Police Station from Police Assistance Room IGMC that the injured in FIR No.13 of 2025, Krishan Lal has expired, during his treatment in IGMC, upon which, Section 103(1) was added, in this case. Thereafter, ASI Amar Singh, along with other police officials, reached at IGMC, Shimla. 13. The postmortem examination of the dead body of Krishan Lal was conducted by HOD, Forensic
9 2025:HHC:29472 Department, IGMC Shimla.
Thereafter, the dead body was handed over to his brother for performing his last rites. On 18.06.2025, accused Dawa Gyalchhan, Poonam Kumar Samkali, Suman, Praveen Kumar and Reeta, were arrested. 14. Although in the status report, the alleged revelation made by the accused persons have been reproduced, but the said fact has been allegedly disclosed by the accused during their custody, as such, the same is not required to be reproduced here. 15. It is the further case of the police that the accused persons are very clever and not disclosing about the weapon of offence, which is yet to be recovered. According to police, the accused persons are repeating the fact that they have been beaten by the complainant party. 16. As per the status report, against accused Dawa Gyalchan, FIR No. 40 of 2004, dated 27.08.2004, registered, under Section 147, 149, 303, 506 IPC with Police Station Pooh, was found to have been registered, in which, he has been convicted by the Court of learned Chief Judicial Magistrate, Kinnaur and FIR No. 97/14, dated 20.10.2014, registered, under Section 379 IPC and Section
10 2025:HHC:29472 33 of the Indian Forest Act, with Police Station State CID Bharari, has been registered, in which, he has been acquitted by the Court of learned Chief Judicial Magistrate, Kinnaur on 27.03.2023. 17. Similarly, against accused Semkali, FIR No. 40 of 2004, dated 27.08.2004, registered, under Sections 147, 149, 303, 506 IPC with Police Station Pooh, was found to have been registered, in which, she has been convicted by the Court of learned Chief Judicial Magistrate, Kinnaur. 18. On 19.06.2025, ASI Amar Singh, produced the accused persons before ACJM, Kinnaur, from where, they were remanded to police custody for three days. On 20.06.2025, the statements of Tilak Chandra and Parveer, under Section 180 BNSS were recorded. 19.
During the police custody, accused Dawa Gyalchan, has made a disclosure statement that the weapon used in the crime has been concealed by him and can identify the place and also got recovered the same. Thereafter, accused Dawa Gyalchan took the police to the spot and identified the cow shed (Dogri), and got recovered the danda, GI Pipe, spade, and two stones, which were
11 2025:HHC:29472 kept concealed under two blue plastic drums, in the cow shed. He has also disclosed that with the help of those weapons, on 15.06.2025, all of them had beaten Kumanand, Dandup Gyanchho and Krishan Lal and after the incident, he had concealed the same there. 20. According to the police, on the both sides of the danda and on the spade blood like stains were found. All the above weapons were taken into possession. Thereafter, accused Dawa Gyalchan, has identified the spot, where all the accused allegedly beaten deceased Krishan Lal, Kumanand and Dandup Gyalchho. Spot map was prepared. 21. On 21.06.2025, accused were produced before the Court of learned Chief Judicial Magistrate, Kinnaur at Reckong Peo, from where, they were remanded to the police custody. On 22.6.2025, at village Rarang, from the house of Krishan Dev, wearing apparels of Kumanand, Dandup Gyanchho and deceased Krishan Lal, worn by them at the time of incident, were taken into possession. 22. On 24.06.2025, the statements of the alleged eye witnesses, namely Tilak Chandra and Parvir, were
12 2025:HHC:29472 recorded under Section 183 BNSS, before the Court of learned Chief Judicial Magistrate, Kinnaur at Reckong Peo. 23. It is the further case of the police that the weapons of offence, which were recovered, in this case, were yet to be identified from the injured Kumanand, Dandup Gyalchho and Chuni Devi, as, at the time of recovery of these weapons/articles, there was tension in the area due to the crime committed by the accused persons. 24.
It is the further case of the police that final opinion on the MLCs of Kumanand and Dandup Gyalchho, about the weapons of offence is yet to be obtained, in order to ascertain whether the injury could be caused due to these weapons or not or with the said weapons, injuries found on the person of the deceased could be caused or not. In the status report, which has been filed on 6.8.2025, similar stand has been taken. 25. As per the police record, the medical opinion was obtained on 18.08.2025. The police has also recorded the statement of witness Shiv Singh, under Section 180 of the BNSS, on 16.06.2025. According to this witness, he
13 2025:HHC:29472 was sowing ‘Rajmah’ in his field, then he heard the screaming, upon which, he had gone there, where, he noticed that on the upper side of the orchard of Krishan Lal, in the path, Kumanand and Dandup Gyalchho, were beaten by Dawa Gyalchan, Praveen, Suman, Poonam Samkali and Reeta with iron rods, stones and fist blows. In the meanwhile, Krishan Lal also reached there. Krishan Lal was caught by Praveen and Suman and thereafter, Dawa Gyalchan, Samkali, Reeta and Poonam with fist blow, iron pipe, stones and spade had started beating Krishan Lal. Thereafter, accused persons, along with their weapons, allegedly proceeded towards their cowshed. 26. The alleged eye witness Tilak has stated that six persons came to the fields and inflicted blow with iron pipes, on the head of Kamal Nath and Dandup tried to save him. He was also beaten with pipe, danda and spade. Both of them fallen down. In his statement, he has not deposed that out of the six persons, three were ladies and three were gents, which could easily be identified. Similar type of statement has also been made by Praveen. 14 2025:HHC:29472
27.
Admittedly, the police has not got conducted the Test Identification Parade of the accused persons by getting them identified from the two alleged eye witnesses, whose statements were got recorded by producing them before the Chief Judicial Magistrate, Kinnaur. 28. As per the stand taken by the Police, it is a case of free fight, as both the parties have alleged against each other that they had attacked upon them. It would be proved during the trial as to which party was the aggressor. FIR has been registered against the complainant party. 29. Even otherwise, the legislature, in its wisdom has added the proviso to Section 480 (ii) of BNSS, according to which, the Court may release a person on bail, if such person is a child or is a woman or is sick or infirm. 30. At the cost of repetition, the alleged eye witness simply stated that there were three women and three men, but not named the applicants as the person, who were present there. 15 2025:HHC:29472
31. Another fact, which has been highlighted by the
learned counsel for the applicants, is that the complainant, in the present case, has although named all the six accused as assailants, but, not attributed any role to the applicants, in the commission of the alleged crime. 32. Merely, because the applicants have been named as accused, in a serious offence, does not mean that their bail applications are liable to be dismissed. 33. The applicants are permanent residents of District Kinnaur, as such, it cannot be apprehended that in case, they are released on bail, they may not be available for the trial. 34. In view of the statements of Dawa Gyalchan, upon which, FIR No.14 of 2025, was registered, the presence of the present applicants on the spot also comes under the cloud of suspicion. 35. Even otherwise, investigation, in the present case, is complete and nothing is to be recovered from them or at their instance. Although, the plea of alibi taken by the applicants would be proved/probabilized during the trial, however, in view of the discussion made above, the
16 2025:HHC:29472 fact that the incident, being free fight between the parties, stood probabilize, at this stage. 36. In the absence of any specific role attributed to the applicants, this Court is of the view that no useful purpose would be served, by keeping them in judicial custody, that too, for indefinite period. Moreover pretrial punishment is prohibited under the law. 37. Considering all these facts, this Court is of the view that the bail applications are liable to be allowed and are accordingly allowed. The applicants are ordered to be released on bail during the pendency of the trial, arising out of FIR No.13 of 2025, dated 15.06.2025, registered, under Sections 103(1), 109, 126(2), 191(2), 191(3), 190, 115(2) and 351(3) of the BNS, with Police Station, Moorang, District Kinnaur, H.P., on their furnishing personal bonds, in the sum of Rs.50,000/ each, with two sureties each, in the like amount, to the satisfaction of learned Chief Judicial Magistrate, Kinnaur at Reckong Peo. 38.
This order of release, however, shall be subject to the following conditions :
“a) Applicants shall regularly attend the trial Court on each and every date of hearing and if
17 2025:HHC:29472 prevented by any reason to do so, seek exemption from appearance by filing appropriate application;
b) Applicants shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; c) 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) Applicants shall not leave the territory of India without the prior permission of the Court.”
39. 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 confined only to the disposal of the present bail applications. 40. It is made clear that the respondentState is at liberty to move an appropriate application, in case, any of the bail conditions is found to be violated by the applicants. 41. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Model Central Jail Kanda, District Shimla, through email, with a
18 2025:HHC:29472 direction to enter the date of grant of bail in the eprison software. 42. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, Model Central Jail Kanda, District Shimla, is directed to inform this fact to the Secretary, DLSA, Shimla. The Superintendent of Jail, Model Central Jail Kanda, District Shimla, is further
directed that if the applicants fail 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 August 30, 2025(ps) RAJNI Digitally signed by RAJNI Date: 2025.08.30 16:48:05 +0530