1 ( 2025:HHC:29209 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP(M) No.1936 of 2025 Reserved on 25.08.2025. Date of Decision: 29.08.2025 Manish Kumar …Applicant Versus State of H.P. …..Respondent Coram: The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the applicant : Applicant in person with Ms. Vidushi Sharma, Advocate. For the respondent : Mr. Tejasvi Sharma, Additional Advocate General, assisted by HC Arjun Singh, No.85, Police Station Kala Amb, District Sirmaur, H.P. Virender Singh, Judge Applicant-Manish Kumar, is apprehending his arrest, in case, FIR No.189 of 2024, dated 22.12.2024, registered under Sections 126(3), 308(2), 121 & 351(2) of Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the BNS’), with Police Station Kala Amb, District Sirmaur, H.P., has filed the present application, under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the BNSS). 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 ( 2025:HHC:29209 ) 2. By way of the present application, indulgence of this Court has been sought, by the applicant, to direct the IO/Police of Police Station, Kala Amb, District Sirmaur, H.P., to release him on bail, in the event of his arrest, in the above mentioned FIR. 3. According to the applicant, he is innocent person and has falsely been implicated, in this case. 4. It is the case of the applicant that he has not committed the offence for which, he has been named, as accused, in this case. He has termed the case of the prosecution, as false and fabricated. 5. The applicant had earlier tried his luck by moving similar application, before the Court of learned Additional Sessions Judge, Sirmaur District at Nahan, H.P., however, the said application was dismissed, as withdrawn vide order dated 16.06.2025. 6. Apart from this, the applicant has also pleaded that after withdrawal of the bail application, matter has been compromised between complainant and applicant. The said compromise was effected on 04.07.2025. 7. Thereafter, the applicant had again tried his luck by moving similar application, before the Court of learned 3 ( 2025:HHC:29209 ) Sessions Judge, Nahan, District Sirmaur, H.P., however, the said application was dismissed, vide order dated 18.07.2025. 8. On the basis of the above facts, Ms. Vidushi Sharma, Advocate, appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, direction is issued under Section 482 of BNSS. 9. On the basis of the above facts, a prayer has been made to allow the application. 9.1. When, put to notice, the police has filed the status report, on 07.08.2025, disclosing therein, that on 22.12.2024, complainant Charan Singh alias Jonny, has moved a complaint before the police, mentioning therein, that he is resident of village Meerpur Kotla and running a transport business, under the name and style of Sai Ram Transport, Kala Amb. 9.2. According to the complainant, Manish Kumar (applicant) resident of Haryana, is harassing him for a considerable time and demanded a new Scorpio, otherwise, Manish Gujar, threatened him to get his vehicle stolen. On 22.12.2024, Manish Gujar, by calling from Mobile Phone No.80000-05882 and called him to parking of one Babli, where, the complainant has been threatened to pay Rs.5,00,000/- 4 ( 2025:HHC:29209 ) otherwise, he will break his legs. When, the complainant was moving out his vehicle, meanwhile, Manish Gujar, came there in vehicle No.HR04-6459 and stopped his vehicle in front of the vehicle of the complainant. At that time, one Praveen and three four other persons were in the vehicle. All these persons were demanded ransom from him and also threatened to kill him. 9.3 On the basis of the above facts, he has prayed that action be taken against them, upon which, the police registered the FIR and criminal machinery swung into motion. 9.4. Investigation was entrusted to ASI Ravinder Kumar, who has visited the spot and prepared the spot map. The vehicle No.HP18C-7156, along with the RC, was taken into possession. The accused persons were associated in the investigation and were bound down under Section 35(3) of BNSS. 9.5. As per the status report, after registration of FIR, accused Manish Gujar (applicant) has not joined the investigation and evading his arrest. Thereafter, Non-Bailable Warrants were obtained from the Court of learned Chief Judicial Magistrate, Nahan, for 02.09.2025. 5 ( 2025:HHC:29209 ) 9.6. On the basis of the above facts, the matter was ordered to be taken up on 18.08.2025, by giving the interim protection to the applicant. 9.7. On 18.08.2025, the police has filed the fresh status report, disclosing therein that, the applicant has not joined the investigation. Consequently, on 18.08.2025, the applicant was directed to join the investigation on 19.08.2025 at 4:00 PM, and the matter was adjourned for 25.08.2025. 9.8. On 25.08.2025, the police has filed the supplementary status report, disclosing therein, that Vehicle No.HR70C-8830 was produced before the Court, which was taken into possession. Statement of the complainant was recorded, according to which, Manish Gujar (applicant) has returned back the amount of Rs.5,00,000/-. 9.9. Lastly, it has been pleaded that neither any inquiry nor anything is to be recovered from the applicant. 10. On the basis of the above facts, a prayer has been made to dismiss the application. 11. Keeping in view the factual position, as mentioned in the application, and especially the fact that the applicant has allegedly repaid the amount of Rs.5,00,000/-, which he had taken from the complainant, this Court is of the view that no 6 ( 2025:HHC:29209 ) useful purpose would be served by dismissing the application, as the same amounts to sending him to judicial custody/police custody. When, the police has taken a specific stand that nothing is to be enquired, nor anything is to be recovered from him, then, the applicant is able to make out a case for confirmation of the order dated 07.08.2025. 12. Mere fact that the applicant is resident of adjoining State of Haryana, is too short to decline the relief, for which, the applicant is otherwise entitled for. 13. Even otherwise, the plea of compromise, which has been taken by the applicant, cannot be ignored, at this stage. 14. In the given facts and circumstances of the present case, interim order dated 07.08.2025 is liable to be made absolute. 15. Consequently, interim order, dated 07.08.2025, is made absolute and the applicant is ordered to be released on bail, in the event of his arrest, in case, FIR No.189 of 2024, dated 22.12.2024, registered under Sections 126(3), 308(2), 121 & 351(2) of BNS, with Police Station Kala Amb, District Sirmaur, H.P, subject to furnishing personal bonds in the sum of Rs.50,000/-, with one surety of the like amount to the satisfaction of the Investigating Officer. 7 ( 2025:HHC:29209 ) 16. 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. 17. 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. 18. 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 29, 2025 (subhash)