2025:HHC:28405 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No.1897 of 2025 Reserved on : 11.08.2025 Decided on : 22.08.2025 Prem Pal …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. K.S. Gill, Advocate, vice Mr. Anil Kumar Manget, Advocate. For the respondent : Mr. H.S. Rawat, Additional Advocate General, with Mr. Rohit Sharma, Deputy Advocate General. Virender Singh, Judge By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), applicant-Prem Pal has sought his release, on bail, during the pendency of the trial, arising out of FIR No.29 of 2025, dated 16.04.2025, registered under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’), with Police Station Sangrah, District Sirmour, H.P. 1Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:28405 2. According to the applicant, he is innocent person and has falsely been implicated, in the present case on 16.04.2025. He has further pleaded that he is sole bread earner of his family and due to his arrest, his entire family is suffering. 3. As per the applicant, the police could not collect any evidence, connecting him with the crime in question. 4. It has been averred in the application that the applicant is a young man aged 27 years and having no other criminal history. According to the applicant is no longer required by the police for investigation, as, the applicant is in judicial custody. 5. The investigation of the present case is stated to be completed, as, the police has filed the charge sheet in the competent Court of law. 6. The applicant had earlier tried his luck by filing similar application, bearing CrMP(M) No. 1055 of 2025, before this Court, however, the same was dismissed as withdrawn, vide order dated 15.05.2025. 7. On the basis of the above facts Mr. K.S. Gill, Advocate, learned counsel, appearing vice Mr. Anil Kumar Manget, Advocate, learned counsel, for the applicant, has 3 2025:HHC:28405 given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, ordered to be released, on bail, during the pendency of the trial. 8. On the basis of the above facts, a prayer has been made to release the applicant on bail, during the pendency of the trial, by allowing the bail application. 9. When, put to notice, the police has filed the status report, disclosing therein, that on 16.04.2025 at about 06.37 PM, a statement, recorded under Section 173 BNSS, was received in Police Station for registration of FIR. The said statement under Section 173 BNSS was made by complainant Sanjeev, son of Mohan Singh, resident of village and Post Office Kuffar Kaira, Tehsil Nauradhar, Distt. Sirmour (HP), in which he has got recorded that, Balwant Singh is his cousin, who used to live in their village alongwith his mother Smt. Shodha Devi. 9.1 According to the complainant, on 12.04.2025 at about 10.00 AM, when he was at his home, then his cousin Jai Prakash telephonically informed him that Balwant Singh is not feeling well and was vomiting, as such, he has requested the complainant to take him for treatment, upon which, complainant had immediately went to the house of 4 2025:HHC:28405 Balwant Singh and took him to Rajgarh Hospital in a private vehicle, where the Doctor has conducted the CT Scan and referred him for further treatment to Solan. 9.2 The complainant thereafter, brought Balwant to Solan. Thereafter, nephew of the complainant took Balwant to PGI Chandigarh, as he was already under treatment with said hospital. It is further averred by the complainant that his cousin, Balwant, earlier underwent heart surgery. According to the complainant, when, he took Balwant for treatment, at that time, he had not noticed any injury, nor noticed the blood, over his wearing apparels. 9.3 Further, on 12.04.2025, at PGI, he was initially kept in emergency, thereafter, he was referred to Neuro Department. On the intervening night of 12-13.04.2025, he was again sent to emergency and on 13.04.2025, he was admitted in Trauma Centre for treatment. On 14.04.2025, CT Scan of Balwant Singh was conducted, thereafter, the Doctor opined that he has suffered injury on his head, upon which, the real brother of Balwant Singh and his son, as well as, nephew checked the body of Balwant and found scratch markd over his right wrist. Apart from this, contusion was also noticed on the left cheek, however, 5 2025:HHC:28405 blood was not found oozing. Balwant Singh was not in a position to speak, nor, he had spoken during his treatment in PGI. On 15.04.2025, when Subhadra Devi wife of late Sh. Om Prakash sister-in-law of the complainant, reached PGI, then she disclosed to them that she had a talk with one Sunil Kumar of village Kuffar Kaira, who has disclosed that on 11.04.2025, between 10-11 AM, a scuffle had taken place between Balwant and Prem Pal (applicant) who had given a push to Balwant, due to which, he had fallen down, and sustained injuries. According to the complainant, Balwant Singh expired on 15.04.2025, owing to the said injuries, during his treatment at PGI. 9.4 On the basis of the above facts, police registered the case, under Section 103(1) of the BNS. 9.5 As per the status report, on 17.04.2025, spot was visited and at the instance of the complainant, spot map was prepared. Statement of four witnesses were recorded under Section 180 of the BNSS, photographs were clicked and videography was done on the spot. 9.6 Applicant was associated in the investigation and he had allegedly disclosed that on 11.04.2025 at about 10.00 AM, Balwant Singh was cutting the leaves from the 6 2025:HHC:28405 tree and his act was objected to by applicant Prem Pal, but, Balwant Singh had not paid any heed and after getting down from the tree, Balwant had slapped him, upon which, applicant Prem Pal become furious and given a fist blow on the chest and neck of Balwant. Further, he has shown his ignorance about the fact that Balwant had sustained injuries due to fall. Thereafter, he was arrested on the same day at 05.15 PM. He was medico-legally examined at CHC Nauradhar. Thereafter, he was remanded to police custody. During police custody on, 19.04.2025, he has identified the tree, where the alleged scuffle had taken place. 9.7 The team from SFSL Junga also visited the spot on 21.04.2025, however, no physical evidence was found on the spot. 9.8 As per the status report, on 02.05.2025, the post mortem report of Balwant Singh was obtained, according to which, the Medical Officer has given the following reasons of death: “Cerebral damage consequent to intracranial bleed in a case on regular anticoagulants, a natural cause”. 7 2025:HHC:28405 9.9 Thereafter, the matter was also referred to the Head of the Department on 14.05.2025, from where the reply is still awaited. 9.10 On the basis of the above facts, it has been further pleaded that investigation, in the present case, is complete and charge sheet has been filed in the Court of learned Judicial Magistrate First Class on 10.07.2025. 9.11 Apart from this, it has also been pleaded that except the present case, no other case is found to have been registered against the applicant. 9.12 On the basis of above facts, a prayer has been made to dismiss the application. 10. Investigation, in the present case, is complete, as the police has filed the charge sheet and accused is in judicial custody. Above-mentioned facts are sufficient to demonstrate that the custodial interrogation of the applicant is no longer required by the police. 11. The applicant has been arrested in a case, registered under Section 103(1) of the BNS. Perusal of the record shows that the police, in this case, has examined one Sunil, son of Pratap Singh, whose statement, under Section 180 of BNSS, was recorded and he was also 8 2025:HHC:28405 produced before the Court, for recording statement, under Section 183 of the BNSS. In both the statements, the said witness has disclosed that on 11.04.2025 at about 11.00 AM, when, he was present near water tank, then, he heard noise of commotion, upon which, he had noticed that Balwant Singh and Prem Pal (applicant) were quarrelling with each other and Prem Pal (applicant) had slapped Balwant Singh and also given a push to him. Due to the push, Balwant Singh had fallen down on his chest and sustained injuries. He has deposed that due to these injuries, Balwant Singh has expired. 12. According to the complainant, Balwant was suffering from heart ailment, as, he had undergone surgery in PGI, however, there is no evidence on record, at this stage, to demonstrate that the applicant was knowing this fact. Moreover, considering the cause, given by the Doctor, with regard to the cause of death, as referred to above, this Court is of the view that the trial will take sufficient long time, as such, no useful purpose would be served by keeping the applicant in judicial custody. 13. The role, attributed to the applicant, in the crime in question, would be proved during the trial and at 9 2025:HHC:28405 this stage, the applicant is presumed to be innocent, as, except the present case, no other case is stated to have been registered against him. 14. The bail application cannot be rejected merely as a matter of punishment, as, pre-trial punishment is prohibited under the law and the punishment can only be inflicted, after the conclusion of trial. Considering the allegations as levelled against the applicant, nature of injury, cause of death, as opined by the Doctor, this Court is of the view that the applicant is able to make out a case in his favour. 15. Moreover, the chances of commencement and conclusion of trial, against the applicant, in near future, are not so bright. As such, no useful purpose would be served by keeping the applicant in the judicial custody, that too, for the indefinite period. 16. Considering the facts in totality, according to which, the applicant is the permanent resident of District Sirmour, it cannot be apprehended that in case, he is ordered to be released on bail, he may not be available for the trial. 10 2025:HHC:28405 17. Considering all these facts, this Court is of the view that the applicant is able to make out a case for his release on bail. Accordingly, the bail application is allowed. 18. Consequently, the applicant is ordered to be released on bail in case FIR No. 29 of 2025, dated 16.04.2025, registered under Section 103(1) of the BNS, with Police Station Sangrah, Distt. Sirmour, H.P., on his furnishing personal bonds, in the sum of ₹50,000/-, with one surety of the like amount, to the satisfaction of the learned trial Court. 19. This order, however, shall be subject to the following conditions: a) 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 the appropriate application; b) The applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; c) The 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 11 2025:HHC:28405 d) The applicant shall not leave the territory of India without the prior permission of the Court. 20. 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 bail application. 21. It is made clear that respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions is found violated by the applicant. 22. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Model Central Jail at Nahan, District Sirmour, Himachal Pradesh, through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 23. 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 at Nahan, District Sirmour, Himachal Pradesh, is directed to inform this fact to the Secretary, DLSA, Sirmour. The Superintendent of Jail, Model Central Jail at Nahan, District Sirmour, Himachal Pradesh, is further directed that if the applicant fails to furnish the bail bonds, as per 12 2025:HHC:28405 the order passed by this Court, within a period of one month from today, then, the said fact be submitted to this Court. 24. Record be returned to the quarter concerned. ( Virender Singh ) Judge August 22, 2025 ( Anurag Sharma ) RAJNI Digitally signed by RAJNI Date: 2025.08.22 13:57:01 +0530