Extracted from the PDF above. The PDF is authoritative.
2025:HHC:30241 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MPs(M) No. 2009, 2003 & 2073 of 2025 Reserved on : 02.09.2025 Decided on: 05.09.2025 Cr.MP(M) No.2009 of 2025 Diwan Chand @ Deepu
…Applicant Versus State of Himachal Pradesh …Respondent Cr.MP(M) No.2003 of 2025 Anil Kumar @ Ishu
…Applicant Versus State of Himachal Pradesh …Respondent Cr.MP(M) No.2073 of 2025 Kapil Dev
…Applicant Versus State of Himachal Pradesh …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting? 2 2025:HHC:30241 For the applicant(s) : Mr. Anirudh R.H. Sharma and Mr. Rakesh Chauhan, Advocates. For the respondent : Mr. Tejasvi Sharma, Mr. Varun Chandel and H.S. Rawat, Additional Advocates General, with Mr. Rohit Sharma and Ms. Ranjna Patial, Deputy Advocates General, assisted by ASI ASI Naresh Kumar, Police Station Barotiwala, Police District Baddi, H.P. Virender Singh, Judge The abovetitled three bail applications under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’) are being disposed of by the common order, as, all the three bail applications have been filed, in the same FIR, i.e. FIR No.121/2024, dated 05.09.2024, registered under Sections 109, 126(2), 115(2), 191(2), 191(3), 190, 238 of Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’), with Police Station Barotiwala, Police District Baddi, H.P.
2. By way of the applications, indulgence of this Court is sought to direct the Investigating Officer/Police of Police Station Barotiwala, to release them on bail, in the event of their arrest, in above noted FIR. 3 2025:HHC:30241
3. According to the applicants, they are innocent persons and have falsely been implicated, in this case, at the instance of the complainant. 4. According to them, they are permanent resident of District Solan, H.P. and there is no likelihood of their absconding, in case, they are ordered to be released on bail in the event of their arrest. 5. It is the further case of the applicants that they have no concern whatsoever with the crime in question. 6. According to applicant Diwan Chand @ Deepu, he had earlier tried his luck by moving similar application, before the Court of learned Additional Sessions Judge, Nalagarh, District Solan, H.P. However, the same was dismissed vide order dated 18.08.2025. 7.
Apart from this, learned Counsel, appearing for the applicants, have given certain undertakings, on behalf of the applicants, for which, the applicants are ready to abide by, in case, any directions is issued to the police/ Investigating Officer, under Section 482 of the BNSS. 8. On the basis of the above submissions, a prayer
4 2025:HHC:30241 has been made to allow the pre arrest bail applications, filed under Section 482 of BNSS, with direction to the Police of Police Station Barotiwala, to release them on bail, in the event of their arrest. 9. When, put to notice, the police has filed the status report, disclosing therein, that on 04.09.2024, one unknown person had telephonically informed the police of Police Station Barotiwala, about the fact that in front of gate of Steel Bird Company, a scuffle had taken place, upon which, HC Teja Singh No. 51, alongwith police officials, had reached at the spot to verify the facts. 9.1 During the process of verifying the facts, the MLCs of injured Maan Singh and Nirmal Singh, were obtained. As per the opinion of the Doctor, injured Maan Singh was not fit for statement, whereas, injured Nirmal Singh was found fit for statement, upon which, HC Teja Singh recorded the statement of Nirmal Singh, under Section 173 BNSS, who has got recorded that he is resident of Village Paploha, Post Office & Tehsil Kalka, District Panchkula and doing his private work. 5 2025:HHC:30241 9.2 On 04.09.2024, he along with his three friends namely Maan Singh, Khem Raj and Shubham Rana, had come to Dasora Majra, in his relations. When they were going back to their homes from Dasora Majra, in their Swift vehicle, then at about 10:30 pm, when, reached near Steel Bird Company Jhadmajri, a black coloured Scorpio, being driven by its driver, came there. The said vehicle was not having any registration number and driver of the said vehicle parked his vehicle in front of the vehicle of the complainant.
Thereafter, all the occupants of the vehicle, driven by complainant, came out, then from the Scorpio vehicle Teku Rana, Kripal Singh resident of Rampur Jangi, Shubham Rana resident of Baguwala, Deepu resident of Dasora Majra and their two companions came out, who had attacked them with fist, kick blows, sticks and sharp edged weapon, due to which complainant, Maan Singh and Shubham Rana sustained injuries. His friend Khem Raj fled away from the spot and assailants, after beating them, had also fled in their Scorpio vehicle, towards Jhadmajri. Thereafter, Khem Raj came back, who took the injured and
6 2025:HHC:30241 Maan Singh to Government Hospital Baddi, whereas Shubham Rana was taken to Malhotra Hospital, by the persons, who gathered there. Later on, complainant came to know about the fact that Shubham Rana had been referred to PGI Chandigarh. 9.3 On the basis of above facts, police registered the FIR and criminal machinery swung into motion. 9.4 During investigation, on 05.09.2024, HC Teja Singh No. 51obtained the MLC of Shubham Rana son of Sh. Som Nath and as per the documents, he was referred to Chandigarh. At the instance of the complainant, spot was visited and spot map was prepared. Statements of witnesses were recorded under Section 180 BNSS. Thereafter, request has been made to PGI Chandigarh, to provide the treatment summary of injured Shubham. Thereafter, further investigation was entrusted to ASI Bhagwat Prasad. 9.5 During investigation, ASI Bhagwat Prasad searched for main accused Kripal Singh, who was found to be lodged in Ambala jail, in a case registered in Police
7 2025:HHC:30241 Station Pinjore. When inquired, then from Police Post Madawala, it was found that said Kripal Singh alias Ladoo, is lodged in Ambala Jail in case FIR No. 560/24, dated 27.12.2024, under Sections 309(6), 3(5) of BNS of Police Station Pinjore. 9.6 As per the opinion of the Medical Officer, the injuries found on the person of injured Shubham were declared to be dangerous to life.
As such, Section 109 of BNS was added, in this case. 9.7 The production warrant against Kripal Singh was obtained from Court of Learned ACJM Nalagarh on 01.03.2025, and he was produced in the Court by Haryana Police, on 03.04.2025. Thereafter, accused Kripal Singh was released from Ambala Jail in connection with the case registered against him with Police Station Pinjore. 9.8 On 11.07.2025, ASI Naresh associated Kripal Singh in the investigation and he was arrested. 9.9 On 12.07.2025, he was produced before the Court of learned ACJM Kasauli, from where, he was remanded to police custody for three days. During police
8 2025:HHC:30241 custody, he has disclosed that on 04.09.2024, during the night, he and his companions had beaten injured Nirmal Singh and his companions i.e. Khem Raj and Shubham with kicks and dandas in front of Steel Bird Company Jhadmajari. According to him, he identified the said place, in front of Steel Bird Company Jhadmajari. 9.10 On 13.07.2025, accused Kripal Singh allegedly disclosed that the Deepu resident of Dasora Majra (applicant in Cr.MP(M) No. 2009/2025) is his friend. Deepu had advanced a loan to injured Nirmal Singh and despite of repeated demands, amount was not repaid. Accused Kripal Singh, on one or two occasions, directed Nirmal to repay the amount. On 04.09.2024, accused Kripal Singh along with his friends Vikram alias Vicky and Adarsh Kumar were present at Barotiwala, then, at about 10:15 pm, Deepu telephonically informed Kripal that informant along with his friends Maan Singh, Shubham Rana and Khem Raj are consuming liquor in a Khokha near Steel Bird Company, upon which, Kripal along with his friend Anil Kumar alias Ishu (applicant in Cr.MP(M) No. 2003/2025) had gone there
9 2025:HHC:30241 and demanded the amount, where Nirmal Singh had started quarreling with him, upon which, he along with his friend Vikram alias Vicky and Adarsh Kumar Mehta alias Gandhi reached at Jhadmajri, where the alleged incident had taken place.
9.11 It is the further case of the police that the accused Kripal Singh has not got recovered the Khukhri, as such, Section 238 of BNS was added, in this case. 9.12 On 10.08.025, accused Diwan Chand @ Deepu, Kapil @ Gappu, Ishu, Vikram Kumar @ Vicky and Adarsh Kumar @ Ashu, were searched, however, accused Vikram @ Vicky and Adarsh Kumar @ Ashu were found at Bagguwala. Those persons were got identified from complainant Nirmal Singh and were arrested on 10.08.2025. 9.13 On 11.08.2025, they were produced before learned ACJMII Solan, from where, they were remanded to four days police custody. 9.14 It is the further case of the police that on 14.08.2025, applicant Diwan Chand @ Deepu has filed the application under Section 482 of BNSS before the Court of
10 2025:HHC:30241 learned Additional Sessions Judge Nalagarh, however, the said application was dismissed on 18.08.2025. 9.15 On the basis of stand so taken, it has been apprehended that the applicants, in case of getting the relief, under Section 482 of BNSS, may coerce the witnesses and also affect the investigation. 9.16 On the basis of above facts, the interim protection was given to applicant Diwan Chand on 19.08.2025, to applicant Anil Kumar @ Ishu on 18.08.2025 and to applicant Kapil on 26.08.2025. 9.17 In the supplementary status report, which has been filed in this case, it has been pleaded that after getting the interim protection from this Court, the applicants have joined the investigation and produced the weapon of offence. 9.18 Lastly, a specific stand has been taken by the police that now nothing is to be recovered from the applicants, nor they are required to be investigated. 10. On the basis of above facts, a prayer has been made to dismiss the application. 11. The involvement of the applicants in the alleged
11 2025:HHC:30241 offence, as per the stand taken by the police, has been found by the police on the alleged confession made by accused Kripal Singh on 13.07.2025, when he was investigated during the police remand. 12. The applicants are permanent residents of District Solan, as such, it cannot be apprehended that in case, interim orders are made absolute, the applicants may not be available for the trial. 13. The role attributed to the applicants in the commission of the alleged crime, will be proved during the trial.
The applicants are presumed to be innocent, till their guilt is proved by the prosecution, by leading cogent and convincing evidence. 14. Except the present case, no other case is stated to have been registered against the applicants. 15. Considering the specific stand of the police that now, nothing is to be recovered from the applicants, nor, they are required to be investigated, this Court is of the view that no useful purpose would be served by dismissing the applications, as the same would result into their judicial
12 2025:HHC:30241 custody and pretrial punishment is prohibited under the Law. 16. Besides this, at the time of deciding the bail application, detailed discussion about the evidence, so collected by the police, should be avoided, as, it would cause prejudice to the case of the prosecution, as well as, to the case of the accused (applicant). 17. Considering all these facts, this Court is of the opinion that the interim orders, dated 20.08.2025, 18.08.2025 & 26.08.2025 passed in the above titled bail applications, are liable to be confirmed. 18. Consequently, interim orders, dated 20.08.2025, 18.08.2025 & 26.08.2025, are made absolute and the applicants are ordered to be released on bail, in the event of their arrest, subject to their furnishing personal bonds in the sum of Rs.50,000/ each, with one surety each in the like amount each to the satisfaction of the Investigating Officer. 19.
This order, however, shall be subject to the following conditions:
13 2025:HHC:30241 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 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;
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 applications. 21. It is made clear that the respondentState is at liberty to move an appropriate application, in case, any of the bail conditions, is found violated by the applicant(s). (Virender Singh) Judge 05th September, 2025
(Pramod Kumar)