Extracted from the PDF above. The PDF is authoritative.
2025:HHC:30667 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.MP(M) No. 1991 of 2025 Reserved On : 04.09.2025 Decided on: 09.09.2025 Nand Lal …Applicant Versus State of Himachal Pradesh …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting? For the applicant : Mr. Kuldeep Chandel, Advocate, vice Mr. Sumit Sood, Advocate. For the respondent : Mr. Tejasvi Sharma and Mr. H.S. Rawat, Additional Advocates General, with Mr. Rohit Sharma and Ms. Ranjna Patial, Deputy Advocates General. Virender Singh, Judge
( oral
) Applicant Nand Lal has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) for releasing him, on bail, during the pendency of the trial, arising out of FIR No. 38/2025, dated 29.05.2025,
2 2025:HHC:30667 registered under Sections 109(1) and 351 of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the BNS), with Police Station Chopal, District Shimla, H.P.
2. According to the applicant, he has surrendered himself to the Court, when he came to know about the registration of the case. All these facts have been pleaded to show that the applicant is innocent and is not involved in the alleged crime, as, he has falsely been implicated in this case. 3. As per the applicant, the investigation of the case is complete and applicant is in judicial custody. No recovery is stated to be effected from the conscious possession of the applicant. 4. The applicant has also highlighted his clean antecedents to seek the relief of bail. 5. The applicant had earlier tried his luck by moving similar application, before the Court of learned Additional Sessions Judge, (CBI), Shimla. However, the same was dismissed vide order dated 29.07.2025. 6. The applicant, through his counsel, has
3 2025:HHC:30667 undertaken to abide by the terms and conditions, to be imposed by this Court, in case, he is ordered to be released on bail, during the pendency of the the trial. 7. On these submissions, a prayer has been made to allow the bail application and release the applicant on bail, during the pendency of the trial. 8. When put to notice, the police has filed the status report, disclosing therein, that on 29.05.2025, the statement of complainant Pawan Kumar recorded under Section 173 BNSS, was forwarded by ASI Sukhdev Singh.
In the said statement, the complainant got recorded that he is resident of Village Bamnol, Post Office Sari, Tehsil Chopal, District Shimla, H.P. According to him, he is agriculturist by profession. On 29.05.2025, he along with his younger brother Manoj, had gone to their cowshed at Naun from their village Bamnol, at about 8:15 am, alongwith fodder loaded on mule. 8.1 It has also been mentioned in the said status report that at about 9:30 am, they reached at Medehi Ka Nala (rivulet). At Medehi Ka Nala, Nand Lal son of Sh. Hari
4 2025:HHC:30667 Ram (applicant) was grazing his goats. At Medehi Ka Nala, as soon as, his brother connected the water pipe for their village Bamnol, then, a verbal altercation took place between Nand Lal and his brother, with regard to grazing of goats. During that verbal altercation, Nand Lal (applicant), who was having a dangru (stick having a blade affixed on it), had inflicted a blow on the left side of neck of his brother Manoj. 8.2 Consequently, his brother Manoj sustained deep wound and blood started oozing out from his neck. The complainant tried to save his brother Manoj. Meanwhile, Nand Lal (applicant) fled away from there towards jungle along with dangru and threatened that he had killed Manoj and he will also finish them, if he get opportunity within a day or two. Thereafter, the police was informed and his brother was sent to IGMC Shimla, for treatment. 8.3 On the basis of above facts, he has prayed that the action be taken against the applicant. 8.4 After registration of FIR, police machinery swung into motion. Thereafter, the I.O. visited the spot and from the spot, blood stained stones were taken into possession. 5 2025:HHC:30667 Thereafter, MLC of injured Manoj was obtained from IGMC Shimla. Doctor has opined that the injury is dangerous to life, caused with sharp edged weapon. The injured was also declared unfit to give statement.
8.5 Accused (applicant) was arrested on 29.05.2025 and was produced before the Court, on 30.05.2025, from where, he was remanded to police custody for four days. 8.6 On 31.05.2025, applicant made a statement under Section 23 BSA and got recorded in the statement that the dangru, with which, he had inflicted the injury on the person of Manoj Kumar, had been kept/concealed by him in his cowshed in Naun and he can identify the said place and get the same recovered, as only he is having the knowledge of the same. Upon this, his statement was recorded and thereafter, in pursuance of the said statement, the applicant in the presence of witnesses and police party got recovered the dangru, which was kept on the rear wall of the cowshed, alongwith wearing apparels, which he had worn at the time of incident. All the articles were taken into possession. 6 2025:HHC:30667 8.7 Thereafter, the treatment summary of injured was obtained and the Medical Officer has declared the injury as grievous and dangerous to life. The injury has also been said to be possible with the weapon shown to her. 8.8 As per the status report, the chargesheet has been filed in this case, on 07.08.2025. 8.9 Lastly, it has been apprehended that the applicant has inflicted injury on the neck of injured Manoj, with an intention to kill him and due to his act, there is a lot of resentment in the area and in case, he is released on bail, he may commit same serious offence, may also coerce the witnesses to depose in his favour and may not be available for the trial. 8.10 On the basis of above facts, a prayer for dismissal of the application has been made. 9.
The applicant and injured Manoj are of the same area and merely on the ground that the chargesheet has been filed, the apprehension, which has been expressed, in the status report, cannot be said to be unfounded, as the possibility of coercing the injured and the complainant by
7 2025:HHC:30667 the applicant cannot be ruled out, at this stage. 10. Moreover, the manner in which the crime in question, as per the status report, has been committed, speaks about the seriousness of the offence and in case, the applicant is ordered to be released on bail, it will give wrong signal to the society that after committing such a heinous offence, the applicant is moving freely in the society and it will also allure/encourage other likeminded people to commit such type of offence. 11. Considering the observations and discussions, made above, this Court is of the view that the applicant is not entitled to relief of bail, at this stage. As such, the present application is dismissed. 12. 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. (Virender Singh) 09th September, 2025 Judge (Pramod Kumar)