1 2025:HHC:33028 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MP(M) No. 2068 of 2025 Reserved on : 18.9.2025 Decided on : 23.9.2025 Yashmit Sharma …Applicant Versus State of H.P. …Respondent _______________________________________________________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? _______________________________________________________ For the Applicant : Mr. Rakesh Chauhan, Advocate. For the Respondent : Mr. Varun Chandel and Mr. Mohinder Zharaick, Addl. AGs with Mr. Rohit Sharma and Ms. Ranjna Patial, Dy. AGs, for the respondent- State. Virender Singh, Judge The applicant has filed the present application, under Section 482 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) in case FIR No. 265 of 2025, dated 8.8.2025, 2 2025:HHC:33028 registered under Sections 25-54-59 of Arms Act, with Police Station, Nalagarh, District Solan, H.P. 2. By way of present application, the applicant has sought the indulgence of this Court to direct the Investigating Officer/Police, to release him on bail, in the event of his arrest, in the above-mentioned case, as, he is apprehending his arrest, in the said case. 3. According to the applicant, the story of the prosecution is totally false and fabricated and without any basis. 4. The applicant has further pleaded that he has deep roots in the society and there is no likelihood of his fleeing away from justice. 5. On the basis of above facts, Mr.Rakesh Chauhan, Advocate has given certain undertakings, on behalf of the applicant, for which, he is ready to abide by, in case, directions are issued to the Police/I.O., under Section 482 of the BNSS. 3 2025:HHC:33028 6. On the basis of above, applicant has sought the relief, as claimed, in the present bail application. 7. When, put to notice, the Police has filed status report, disclosing therein, that on 8.8.2025, HC Rakesh Kumar, I.O., Police Station, Nalagarh, District Solan, H.P. under the leadership of ASI Jitender Sharma, alongwith other police officials, was on patrolling duty, within the jurisdiction of Police Station, Nalagarh, District Solan, H.P. 7.1 When, HC Rakesh Kumar, alongwith other police officials was present at Chowkiwala, then, at about 7:00 p.m., he received a secret information regarding the fact that one vehicle (Alto K 10) bearing registration No. HP 12H-9110 (white coloured), being driven by its driver, is moving from new Nalagarh to Chowkiwala side. As per the information, one Amit Saini sitting in the said vehicle, was having illegal weapons with him and in case, the said vehicle is checked, said illegal weapons could be recovered. 4 2025:HHC:33028 7.2 The said information was found to be authentic and reliable, and according to the I.O., in case, authorization letter/warrants are obtained, delay can be caused, and in that eventuality, the said vehicle may move out of the jurisdiction of Police Station, Nalagarh. 7.3 On the basis of above reliable and authentic information, I.O.,alongwith other police officials, proceeded towards New Nalagarh. When, HC Rakesh Kumar reached near Alpine school, then, he noticed a vehicle No. HP12H-9110, being driven by its driver. He signalled the driver of the vehicle to stop, upon which he stopped the vehicle. 7.4 On seeing the police party, the person, who was driving the car, got perplexed. The I.O. apprised him regarding the secret information and his name and address was inquired. 7.5 On inquiry, he has disclosed his name as Amit Saini, S/o Ravinder Saini. 5 2025:HHC:33028 7.6 Before searching the aforesaid vehicle, a person, who was moving on Scooty, was stopped and apprised about the secret information. On inquiry, the said person disclosed his name as Jaspal, S/o Sucha Singh. He was associated in the investigation as independent witness and in his presence, personal search of accused Amit Saini was conducted. 7.7 During search, from the pocket of his lower, one mobile phone (I Phone 15) and currency notes worth Rs. 2280/- were recovered. Thereafter, the aforesaid vehicle was searched. During search of the vehicle, from the dashboard, one pistol (colour silver) without number and mark alongwith magazine, was found. On checking the magazine of pistol, the same was found having a live cartridge. 7.8 On demand, accused Amit Saini could not produce any licence or document, regarding the said weapon. The said pistol, alongwith the cartridge, was taken into possession. 6 2025:HHC:33028 7.9 Other codal formalities were completed. The vehicle, alongwith its keys, was taken into possession. One box containing Split AC make Lloyd was also taken into possession. Thereafter, ruqua was prepared and FIR was registered. 7.10 Thereafter, spot map was prepared. Statements of witnesses were recorded, under Section 180 of BNSS. Mobile phone of accused Amit Saini was checked and on checking, the same was found containing videos, photos and conversation audios, regarding purchase of illegal weapon with Sharma Ji @ Yashmit Sharma (applicant) mobile phone No. 9303929907, Deepak @ Deepu Rana mobile phone No. 8894870032 and Dharampal having mobile Number 8219146823. 7.11 Chats and media footage were also preserved. In the mobile phone of accused Amit Saini, a hidden folder was also found. After removing the password of 7 2025:HHC:33028 the mobile phone, in the said hidden folder, there were photographs of Deepak using fire arms. 7.12 It is the further case of the Police that in the mobile phone of Amit Saini, videos, photos and conversation, with regard to purchase of illegal weapon, from different numbers, have been found. 7.13 From the said conversation, it has been pleaded by the Police that accused Amit alongwith the persons, in his contact, had formed a group and they used to run a business of purchasing and selling illegal weapons. 7.14 After perusing the status report, interim protection was granted to the applicant on 25.8.2025 and the matter was adjourned for 29.8.2025. 7.15 On 29.8.2025, supplementary status report has been filed, according to which, applicant has joined the investigation and allegedly produced a mobile phone One Plus (Forest Green Model 10R). With this mobile phone applicant Yashmit Sharma used to talk to 8 2025:HHC:33028 accused Amit Saini on whatsapp chat and voice conversation. The said mobile phone was taken into possession and the same has been sent for analysis to SFSL, Junga. 7.16 In the supplementary status reports, filed on 4.9.2025 and 11.9.2025, similar stand has been taken by the Police. 7.17 On the basis of above facts, a prayer has been made to dismiss the application. 8. From the stand, as taken by the Police, in this case, the Police is not able to make out a case for custodial interrogation of the applicant, in this case. 9. Investigation in the present case is almost complete, as his mobile phone was taken into possession, which was sent to SFSL, Junga. 10. Moreover, except the present case, no other case is stated to have been registered against the applicant. 9 2025:HHC:33028 11. Considering all these facts, this Court is of the view that the Police has not been able to make out a case for custodial interrogation of the applicant. As such, the interim order dated 25.8.2025, is liable to be made absolute. 12. As such, the interim order, dated 25.8.2025, is made absolute. Consequently, the bail application is allowed, subject to the following conditions:- a) That the applicant will join the investigation of the case, as and when called for, by the Investigating Officer, in accordance with law; b) That   the   applicant   will   not   leave   India,  without prior permission of the Court. c) That the applicant 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 them from disclosing such facts to the Investigating Officer or the Court. d) That the applicant shall make himself available for the purpose of investigation, if so required and 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. 10 2025:HHC:33028 13. 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. 14. 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 September 23, 2025 Kalpana