1  ( 2025:HHC:28514 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP(M) Nos.1956, 1957 & 1958 of 2025 Reserved on:- 18.08.2025 Date of Decision:22.08.2025 Cr.MP(M) No.1956 of 2025 Shiv Kumar …Applicant Versus State of H.P. …..Respondent ________________________________________________ Cr.MP(M) No.1957 of 2025 Karam Chand …Applicant Versus State of H.P. ..Respondent _________________________________________________ Cr.MP(M) No.1958 of 2025 Krishna Devi @ Geeta Devi …Applicant Versus State of H.P. ..Respondent Coram: The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the applicant(s) : Ms. Ritu Chauhan, Advocate. For the respondent(s) : Mr. Varun Chandel, Mr. H.S. Rawat and Mr. Mohinder Zharaick, Additional Advocates General, assisted by SI Vinod Kumar, Police Station Ramshehar, District Solan, H.P. Virender Singh, Judge 1 Whether reporters of Local Papers may be allowed to see the judgment? 2  ( 2025:HHC:28514 ) The above-titled bail applications are being disposed of by this common order, as, the applicants have filed these applications, under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘the BNSS’), with a prayer to direct the IO/Police to release them on bail, in case FIR No.24 of 2025, dated 09.05.2025, registered under Sections 108 & 3(5) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’), with Police Station Ramshehar, District Solan, H.P. 2. These applications have been filed by the applicants, as, they are apprehending their arrest, in the above titled cases. 3. According to the applicants, they are innocent persons and have falsely been implicated, in this case. 4. The applicants have pleaded that they have no concern, whatsoever, with the crime in question, in which, they have been named as accused. 5. The applicants have earlier tried their luck by moving similar bail applications, before the learned Additional Sessions Judge, Nalagarh, District Solan, H.P., however, their applications were dismissed on 07.08.2025. 6. On the basis of the above facts, Ms. Ritu Chauhan, Advocate, has given certain undertakings, on behalf of the applicants, for which, they are ready to abide by, in case, any 3  ( 2025:HHC:28514 ) direction is issued to the IO/Police of Police Station, Ramshehar, under Section 482 of BNSS. 7. On the basis of the above facts, a prayer has been made to allow the applications. 7.1 When, put to notice, the police has filed status the report, disclosing therein, that on 05.08.2024, one, Shiv Kumar, resident of Manlog Khurd, telephonically informed the police that his co-villager, Naveen Kumar is missing from the last night and his belongings were found near rivulet. He, along with other villagers were searching for Naveen Kumar and requested to send the police, upon which, ASI, Puneet Kumar, along with HASI, Chet Ram No.278, had reached at the spot. When, they reached at the said rivulet, local persons were present there. The name of the person, who was missing was found to be Naveen Singh son of Shri Khajan Singh, resident of Manlog Khurd, Post Office Chamdhar, Tehsil Ramshehar, District Solan, H.P., and his brother Surender Singh was also present there. 7.2. During search for the said person, his mobile phone, slipper and Tabaco pack was found near the pond. Those articles were identified by his brother Surender, as of Naveen Kumar. With the help of the local persons and divers, dead body was taken out from the pond. The dead body of Naveen Kumar was identified by 4  ( 2025:HHC:28514 ) his brother Surender. Photographs were clicked and dead body was sent to CHC Nalagarh, for postmortem examination. 7.3. Thereafter, the statements of mother of deceased, Narmo Devi and his widow wife Krishna Devi were recorded, who have not raised any suspicion about his death. After conducting the postmortem examination at CHC Nalagarh, dead body was handed over for performing last rites to his brother, Surender Kumar. From the spot, the water in plastic bottle was collected, as sample. The articles were found there also taken into possession. 7.4. On 27.08.2024, Narmo Devi, mother of deceased Naveen Kumar, moved a complaint to police of Police Station, Ramshehar, along with suicide note, disclosing therein, that his younger daughter-in-law, Geeta, widow of deceased Naveen Singh, Panch, Shibu alias Shiv Kumar and Karam Chand Pradhan, Gram Panchayat, Chamdhar, had compelled her son Naveen Singh to leave his home and village and also compelled him to commit suicide. 7.5. According to her, her husband Khajanu Ram, expired in the year 1976 and after the death of her husband, she had brought up her four sons. She had superannuated from the post of Peon, in the year 2010, from Punjab Mark Fed. Her younger son Naveen Singh was married in the year 2000. After his marriage, 5  ( 2025:HHC:28514 ) the behaviour of Geeta towards complainant, her son and other family members was not good and she used to abuse on trivial matters and also used to beat her husband. Due to her act, her son Naveen Kumar, remained under tension. The complainant and her family members tolerated the behaviour of Geeta in order to save the matrimonial life of deceased Naveen Kumar. Efforts were made to understand her, but, neither, she tried to understand, nor, tried to settle down in the family. 7.6. As per the complainant, Naveen Kumar and Geeta were blessed with three children and despite giving birth to three children, her behaviour had not changed. After some time, she had also molded her children, as per her wish. They, at the instance of their mother, Geeta also used to quarrel and misbehave with complainant and her family members. In order to avoid the untoward incident, complainant had started residing with her elder son. In the year 2014, Geeta along with Naveen Singh and their children forcibly entered in the house and started residing there. Geeta and her children used to misbehave and abuse Naveen Singh and also maltreated him. They used to throw him out and treat him, as animal. In the year 2021, Geeta and her children had mercilessly beaten Naveen Singh and also bitten his 6  ( 2025:HHC:28514 ) ear with teeth. Geeta and her children used to threaten complainant and her son Naveen Singh to finish them. 7.7. Thereafter, the complaint was made to Pradhan, Gram Panchayat, Chamdhar, but, Pradhan, also sided Geeta and abused them and also humiliated her son. They have also threatened that they will not let them live in peace and compel them in such a manner that they will love death, instead of life. 7.8. She has further got disclosed that in the month of July, 2024, Geeta along with one Shibu, son of Nand Lal, came to the house of complainant. Shibu had abused them and also threatened to involve them in a false case. Shibu has also threatened them to pay the entire amount to Geeta, within a period of 30 days, otherwise, he will take them to task. Due to the said threatening, her son was feeling dejected. Whenever, the complainant tried to understand, deceased used to say that “ mother, these people have made their life hell and now, he is not in a position to face anyone”. 7.9. Lastly, she has got recorded that due to the humiliation given by Shibu and Pradhan, Gram Panchayat, her son on 04.08.2024, committed suicide, by jumping into the Pond. 7.10. On the basis of the above facts, the complainant has stated that on 24.08.2024, when, she was at her home, then, 7  ( 2025:HHC:28514 ) during the cleanliness, the suicide note written by Naveen was found. On the basis of the said fact, she has prayed that action be taken against the accused persons. 7.11. It is the further case of the police that on 17.10.2024, physical evidence, so collected, by the police was sent to SFSL Junga. The Medical Officer, Nalagarh, has given his final opinion, which has been reproduced as under:- “The cause of death is Asphyxia due to ante mortem drowning. The person was not under the influence of any toxic (alcohol) as reported by FSL Junga” 7.12. On 09.05.2025, as per the stand of the police, complainant-Narmo Devi was associated in the investigation and her statement under Section 173 of BNSS was recorded. 7.13. During investigation, on 26.05.2025, the Manager of State Bank of India, Branch at Ramshehar was requested to provide the copy of the bank account/KYC of deceased Naveen Singh. On 29.05.2025, at the instance of eye witnesses Surender Singh and Prem Chand, spot was visited and spot map was prepared. Statements of witnesses under Section 180 of BNSS were recorded. The brother of deceased also produced four pages, one page of diary and three pages of note book, allegedly containing the handwriting of Naveen Singh in Hindi and English, which were taken into possession. 8  ( 2025:HHC:28514 ) 7.14. On 03.06.2025, Manager of State Bank of India, Branch Ramshehar, provided the requisite documents, which were sent to SFSL Junga, from where, the report has been received, which is reproduced as under:- “The blue enclosed writings stamped and marked as A-1 & A- 2 and red enclosed writings similarly stamped and marked as Q-1. All have been written by one and same person” 7.15. On the basis of the status report, interim protection was given to the applicants, vide orders dated 08.08.2025 and thereafter, the matter was adjourned for 18.08.2025. On that day, the police filed the status report by taking the similar stand by mentioning that all the three applicants have joined the investigation and they were inquired. 7.16 It is the specific case of the police that no recovery is to be effected, in this case. 8. On the basis of the above facts, a prayer has been made to dismiss the applications. 9. In this case, the learned counsel appearing for the applicants has highlighted the fact that Naveen Kumar, allegedly committed suicide by jumping in to the pond, on 05.08.2024, whereas, the complainant made a complaint on 27.08.2024. Although, the prosecution would get an opportunity to explain the delay, but, at this stage, this material aspect cannot be ignored, as, 9  ( 2025:HHC:28514 ) the prompt lodging of the FIR, rules out any deliberations. Moreover, when, on 05.08.2024, dead body of Naveen Singh was taken out from the Pond and his dead body was sent for postmortem examination, on that date, neither, the complainant, nor, the wife of deceased Krishna Devi (applicant) had expressed any suspicion. 10. In such situation, when the police has specifically taken the plea, that no recovery is to be effected, then, this Court is of the view that the applicants are able to make out a case for the relief, as sought in the applications. 11. Although, a valuable life has been lost, who had allegedly committed suicide, but, merely on the allegations, applications cannot be rejected. 12. At the time of deciding the bail, detailed discussion about the merit of case should be avoided, as the same would cause prejudice to the case of the prosecution, as well as, to the case of the accused persons. 13. The applicants are permanent resident of District Solan, as such, it cannot be apprehended that in case, the interim orders, dated 08.08.2025 are made absolute, they may not be available for trial. 10  ( 2025:HHC:28514 ) 14. The role allegedly played by the applicants, in the commission of the alleged offence, will be proved during the course of the trial. The bail applications cannot be dismissed, as a matter of punishment, as pretrial punishment, is prohibited under the law. The applicants are presumed to be innocent, unless proven guilty. 15. Considering all these facts, the applicants are able to make out a case for allowing the applications in their favour. 16. Consequently, interim orders, dated 08.08.2025 passed in the applications, are made absolute and the applicants are ordered to be released on bail, in case FIR No.24 of 2025, dated 09.05.2025, registered under Sections 108 & 3(5) of the Bharatiya Nyaya Sanhita, 2023, with Police Station, Ramshehar, District Solan, H.P., subject to their furnishing personal bonds in the sum of Rs.50,000/- each, with one surety each, in the like amount to the satisfaction of the Investigating Officer. 17. This order, however, shall be subject to the following conditions:- a) That the applicants will join the investigation of the case, as and when, called for, by the Investigating Officer, in accordance with law; b) That the applicants will not leave India, without prior permission of the Court; c) That the applicants 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 11  ( 2025:HHC:28514 ) disclosing such facts to the Investigating Officer or the Court; and d) That the applicants 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. 18. 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 applications. 19. It is made clear that the respondent-State is at liberty to move appropriate applications, in case, any of the bail conditions is found violated by any of the applicants. 20. Copy of this order be placed in the connected case file i.e. Cr.MP(M) Nos.1957 & 1958 of 2025. 21. Record be returned back to the quarter concerned. (Virender Singh) Judge August 22, 2025 (subhash)