1  2025:HHC:23022 2025:HHC:23022 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MP(M) Nos. 1546 and 1547 of 2025 Reserved on : 10.7.2025 Decided on : 17.7.2025 1. Cr. M.P. (M) No. 1546 of 2025 Nipun Kapoor …Applicant Versus State of H.P. …Respondent 2. Cr. M.P. (M) No. 1547 of 2025 Sanjay Kapoor ..Applicant Versus State of H.P. ...Respondent ___________________________________________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ________________________________________________ For the Applicants : Applicants in person with Mr. N.K. Thakur, Senior Advocate with Mr. Divya Raj Singh, Advocate. For the Respondent : Mr. Anup Rattan, Advocate General with Mr. Tejasvi Sharma, Mr. Mohinder Zharaick and Mr. H.S. Rawat, Addl. A.Gs. and Ms. Ranjna Patial, Dy. A.G., assisted by ASI Suresh Kumar, P.S. Sadar, Chamba, H.P. 2  2025:HHC:23022 Virender Singh, Judge The above titled applications are being disposed of by a common order, as the applicants have filed the present applications, under Section 482 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) in case FIR No. 167 of 2025, dated 29.6.2025, registered under Sections 126(2), 115(2), 352 (2), 118 (1), 118 (2) and 3(5) of Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the BNS”), with Police Station, Chamba, District Chamba, H.P. 2. By way of the present applications, the applicants have sought the indulgence of this Court to direct the Investigating Officer/Police, to release them on bail, in the event of their arrest, in the above-mentioned case, as, they are apprehending their arrest, in the said case. 3. According to the applicants, they are innocent persons and victim of the crime in question. 3  2025:HHC:23022 The applicants have further asserted that the case against them has been lodged, in connivance with the Police and administration. 4. It is the further stand of the applicants that they are from very humble background and facing the wrath of the influential people. 5. The applicants have given certain undertakings, for which, they are ready to abide by, in case, direction is issued to the Investigating Officer, under Section 482 of BNSS. 6. On the basis of above facts, Mr. N.K. Thakur, learned Senior Counsel, assisted by Mr. Divya Raj Singh, Advocate, has prayed that the Police of Police Station, Chamba may kindly be directed to release the applicants, on bail, in the event of their arrest, in the above noted FIR. 7. When, put to notice, the police has filed the status report, on 3.7.2025, disclosing therein, that on 29.6.2025, at about 1:50 a.m. some persons were 4  2025:HHC:23022 brought for treatment, in Govt. Medical College and Hospital, Chamba, as they had sustained injuries, in a scuffle, upon which, I.O. alongwith other police officials, reached at Medical College and Hospital, Chamba, where, Parul, Chandan Sharma, Yashik Mehta, Shivansh, Madhusudan and Manik Gopal Sharma, were found admitted for treatment. 7.1 It is the further case of the Police that Shivansh Mandiyal got recorded his statement, under Section 173 of BNSS, disclosing therein, that he is student of MBBS 4th year and studying in Jawahar Lal Nehru Government Medical College & Hospital, Chamba. On 29.6.2025, he, alongwith his friends Parul, Chandan Sharma, Yashik Mehta, Madhusudan Singh, Manik Gopal, Akshat, Ritesh, Mohit, Shubham and Akhilesh were on walk. At about 1:30 a.m., when, they reached near old bus stand, then, some local persons, namely Love and Kush, residents of Sapri Mohalla, Chamba, who, as per his version, were known to him, 5  2025:HHC:23022 had prevented them from moving and started arguing with them and abusing them. 7.2 When, complainant and his companions requested them not to abuse and argue with them, they had started beating them. Thereafter, Love had taken out a knife and attacked upon them with the same. Consequently, the complainant sustained injuries over his neck, Yashik and Chandan sustained injuries on their hands and Parul sustained injuries on right arm. 7.3 It is the further case of the complainant that when they were being beaten by the assailants, they were saved by their friends. The assailants have threatened them to kill. Hence, he has requested that action be taken against the assailants, who are stated to be 8 to 10 persons in number. 7.4 On the basis of above facts, the Police registered the case under Sections 115(2), 126(2), 352, 118(1), 351 (2), 191 (2) and 191(3) of the BNS. After 6  2025:HHC:23022 registration of the FIR, criminal machinery swung into motion. Medico-legal certificates were obtained from the Medical College and Hospital, Chamba. 7.5 The Doctor concerned had given his opinion over the MLC of Shivansh, by describing injury No. 1 as ‘grievous’ and kind of weapon ‘sharp’. Similarly, injury No. 2, found on the person of Madhusudan was declared as ‘grievous’ and kind of weapon was declared as ‘blunt’. As such, Sections 117 (2) and 118 (2) of the BNS have been added, in this case. 7.6 It is the further case of the Police that on 2.7.2025, at the instance of Shivansh, the spot was visited and spot map was prepared. Photographs were clicked and statements of the witnesses, under Section 180 of BNSS were recorded. 7.7 It is the further case of the Police that recovery of weapon of offence is yet to be made, in this case and efforts are being made to nab the accused. 7  2025:HHC:23022 7.8 It has also been mentioned in the status report that from the assailants side, one Rajni Devi, W/o Ashwani Kumar (mother of applicants), made a complaint, upon which, case FIR under Section 168 of 2025, under Sections 115 (2), 126 (2), 351 (2) and 352 of BNS was registered against the complainants, i.e. Shivansh and his companions. 8. On the basis of above facts, interim protection was granted to the applicants, on 3.7.2025 and the case was ordered to be taken up on 10.7.2025. 9. On 10.7.2025, the Police has filed the supplementary status report, disclosing therein that on 5.7.2025, the applicants joined the investigation. During investigation, accused Sanjay Kapoor @ Love has produced the weapon of offence, i.e. knife, allegedly used in the crime, which was taken into possession. 9.1 It is the further case of the Police that during investigation, involvement of Kanak Chandra, Rohit Handa, Mridul Mehta, Mayank Mehta and Bhibhanshu 8  2025:HHC:23022 has been found, in this case. As such, their search is being made. During investigation, weapon of offence was produced before the Doctor, in order to obtain his opinion, with regard to the injuries, found on the persons of injured Shivansh and Parul, upon which, the Doctor has given his final opinion and described the injury No. 1 as ‘potential danger to life’ 10. On the basis of above facts, a prayer has been made to dismiss the application. 11. As per the stand of the Police, it is a case where both the parties have lodged the FIRs, against each other. The applicants have joined the investigation and there is no iota of averments in the status report that custotial interrogation of the applicants, is required in this case. 12. When, the Police has not pleaded that custodial interrogation of the applicants is required, in this case, then, dismissal of the bail applications, 9  2025:HHC:23022 would be nothing, but a pre-trial punishment, which is prohibited under the law. 13. No other case is found to have been registered against the applicants. 14. Considering the stand of the Police that on the statement of one Rajni Devi, mother of accused persons (applicants), a case FIR No. 168 of 2025, under Sections 115 (2), 126 (2), 351 (2), and 352 of BNS, has been registered against the complainant-party, this Court is of the view that it would be proved during the trial, as to which party was the aggressor. 15. Applicants are permanent residents of District Chamba, as such, it cannot be apprehended that in case, interim orders dated 3.7.2025, are made absolute, they may not be available for the trial. 16. Considering all these facts, the interim orders dated 3.7.2025, passed by this Court, are hereby made absolute. Therefore, it is ordered that the applicants be released on bail, in the event of their arrest, in case FIR 10  2025:HHC:23022 No. 167 of 2025, dated 29.6.2025, registered with Police Station, Chamba, District Chamba, under Sections 126 (2), 115 (2), 352 (2), 118 (1), 118 (2) and 3(5) of the BNS, on their furnishing personal bonds, in the sum of 5 ₹ 0,000/-, each, with one surety, each, of the like amount, to the satisfaction of the Investigating Officer. 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 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. 17. 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 applications. 11  2025:HHC:23022 18. 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 July 17, 2025 Kalpana