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2025 DAILYLAW 26490 (HP)

RAJU v. STATE OF HP

CRMPM/2841/2024 · 2025-01-07

Vivek Singh Thakur

body2025

Judgment text

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1 ( 2025:HHC:1425 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.M.P.(M) No. 2841 of 2024 Date of Decision: January 7, 2025 Raju …Petitioner. Versus State of Himachal Pradesh ..Respondent. Coram: The Hon’ble Mr. Justice Vivek Singh Thakur, Judge. Whether approved for reporting?1 For the Petitioner: Mr.Amrinder Singh Rana, Advocate. For the Respondent: Mr.Varun Chandel, Additional Advocate General. Head Constable Hans Raj No.6, Police Station Bhaba Nagar, District Kinnaur, H.P., is present in person. Vivek Singh Thakur, J (Oral). Petitioner has approached this Court, invoking provisions of Section 483 of Bhartiya Nagarik Suraksha Sanhita (in short ‘BNSS’), for enlarging him on regular bail in case FIR No.83 of 2020, dated 07.11.2020, registered in Police Station Bhawanagar, District Kinnaur, H.P., under Sections 302, 177, 182, 201, 203 and 193 of the Indian Penal Code (IPC). 2. Main ground for claiming enlargement of petitioner on bail is that petitioner was arrested in November 2021 and since then, about more than 4 years have already elapsed, trial has not been completed and, therefore, petitioner is entitled for bail for delay in trial. 1 Whether reporters of the local papers may be allowed to see the judgment? 2 ( 2025:HHC:1425 ) 3. Status report stands filed, wherein it has been informed that out of 75 total witnesses, 56 witnesses have been examined and 15 witnesses have been given up and one witness has expired, and now, 3 witnesses are to be examined. It has further been stated that for recording evidence of these 3 witnesses, case was fixed in the Trial Court on 27.12.2024, however, on that day, statements of these witnesses could not be recorded because Presiding Officer was on leave and, now, next date for recording evidence of remaining witnesses has been fixed on 20.01.2025. 4. Learned Additional Advocate General has submitted that prosecution is trying to ensure conclusion of trial at the earliest and further, petitioner is a Nepali National and, at this stage of trial, it would not be advisable to enlarge him on bail as trial is at its final stage, and recording of remaining prosecution witnesses would be complete on 20.01.2025, and trial is likely to be completed in recent future. 5. Taking into consideration entire material on record, including nature and gravity of offence, stage of the trial and period of detention, it would not be appropriate to enlarge the petitioner on bail at this stage. However, as prayed by learned counsel for the petitioner, Trial Court is directed to expedite the hearing as expeditiously as possible keeping in view the seniority of the case, including period of detention of trial vis-a-vis other similarly situated cases, and also subject to the provisions of the High Court of Himachal Pradesh Case Flow Management (Subordinate Courts) Rules, 2005. 3 ( 2025:HHC:1425 ) 6. So far as prayer for liberty to approach the Court is concerned, no such liberty is required for filing successive bail applications as permissible under law. 7. With aforesaid observations, present petition is dismissed. (Vivek Singh Thakur), Judge. January 7, 2025 (Purohit)