IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr. MP(M) No. 1782 of 2025 Decided on: 10.10.2025 ____________________________________________________ Nirmala Devi ……….. Petitioner Versus State of Himachal Pradesh ……….respondent ____________________________________________________ Coram: Hon'ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting? 1 For the petitioner : Mr. Vipin Pandit with Mr. Parikshit Sharma, Advocates. For the respondent : Mr. Diwakar Dev Sharma, Learned Additional Advocate General. HC Sunil Kumar, No. 34, Police Station Kasauli, District Solan, H.P. ____________________________________________________ Bipin Chander Negi, Judge ( oral) The present bail petition has been filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (BNSS) for grant of regular bail, arising out of FIR No. 35 of 2023, dated 30.06.2023, registered at Police Station Kasauli, District Solan, H.P. for an offence punishable under Sections 302 and 201 of the Indian Penal Code. 1 Whether the reporters of the local papers may be allowed to see the judgment? 2 2. I have heard learned counsel for the parties and perused the status report. 3. The incident in the case at hand is dated 30.06.2023. At 12:36 in the night, the in-charge/ASI of Police Post Gadkhal, one Sh. Balbir Singh informed the Police Station Kasauli that the bail petitioner R/O village Nauti, Tehsil Kasauli had telephonically informed that a quarrel had taken place between her and her husband and in the quarrel, her husband on account of a push given by the bail petitioner, had fallen down. As a consequence whereof, blood oozed from his head and he was not moving and talking. SI/SHO Police Station Kasauli along with in-charge of Police Post Gadkhal reached the house of the bail petitioner where her husband Mani Ram was found lying dead. There were injuries on his head, forehead, nose, right ear, chin and neck. There were blood on the bed, mattress, floor, pillow, walls and the curtains. The private parts of the deceased were blue coloured and the deceased’s pant was stained with blood. 4. FIR under Section 302 IPC was registered against the bail petitioner. Postmortem of deceased was got 3 conducted. During investigation, the bail petitioner was arrested on 30.06.2023 at 5:00 P.M. 5. During investigation on 02.07.2023, the bail petitioner had made a disclosure statement on account of which one Dhontu (Fukna, i.e., an iron pipe used for blowing air into the fire), which was 13 inches in length and 3½ inches in width was recovered. Further recoveries were made on the basis of disclosure statement made by the bail petitioner. Investigation in the case at hand led to be filing of the main challan on 29.08.2023. Supplementary challan was filed on 03.11.2023. In all there were 44 witnesses. The statements of 32 witnesses have been recorded. Remaining witnesses have been summoned for December 1st and December 2nd, 2025. 6. Section 437 of the Cr.P.C (Now Section 480 of the BNSS) reads as follows:- "437. Further recoveries were made on the basis of disclosure statement made by the bail petitioner. Investigation in the case at hand led to be filing of the main challan on 29.08.2023. Supplementary challan was filed on 03.11.2023. In all there were 44 witnesses. The statements of 32 witnesses have been recorded. Remaining witnesses have been summoned for December 1st and December 2nd, 2025. 6. Section 437 of the Cr.P.C (Now Section 480 of the BNSS) reads as follows:- "437. When bail may be taken in case of non-bailable offence.-(1) When any person accused of, or suspected of, the commission of any non-bailable offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a Court other than the High Court or Court of session, he may be released on bail, but- (i) such person shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life; 4 (ii) such person shall not be so released if such offence is a cognizable offence and he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more occasions of a cognizable offence punishable with imprisonment for three years or more but not less than seven years Provided that the Court may direct that a person referred to in clause (1) or clause (ii) be released on bail if such person is under the age of sixteen years or is a woman or is sick or infirm: Provided further that the Court may also direct that a person referred to in clause (ii) be released on bail if it is satisfied that it is just and proper so to do for any other special reason: Provided also that the mere fact that an accused person may be required for being identified by witnesses during investigation shall not be sufficient ground for refusing to grant bail if he is otherwise entitled to be released on bail and gives an undertaking that he shall comply with such directions as may be given by the Court: Provided also that no person shall, if the offence alleged to have been committed by him is punishable with death, imprisonment for life, or imprisonment for seven years or more, be released on bail by the Court under this sub- sec. without giving an opportunity of hearing to the Public Prosecutor. (2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as the case may be, that there are not reasonable grounds for believing that the accused has committed a non- bailable offence, but that there are sufficient grounds for further inquiry into his guilt, the accused shall, subject to the provisions of sec. 446A and pending such inquiry, be released on bail, or, at the discretion of such officer or Court, on the execution by him of a bond without sureties for his appearance as hereinafter provided. (3) When a person accused or suspected of the commission of an offence punishable with imprisonment which may extend to seven years or more or of an offence under Chapter VI, Chapter XVI or Chapter XVII of the Indian Penal Code (45 of 1860) or abatement of, or conspiracy or attempt to commit, any such offence, is released on bail under sub-sec. (1), the Court shall impose the conditions,- 5 (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter. (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall 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 from disclosing such facts to the Court or to any police officer or tamper with the evidence, and may also impose, in the interests of justice, such other conditions as it considers necessary. (4) An officer or a Court releasing any person on bail under sub-sec. (1) or sub-sec. (2), shall record in writing his or its 1 [reasons or special reasons) for so doing. (5) Any Court which has released a person on bail under sub-sec. (1) or sub-sec. (2), may, if it considers it necessary so to do, direct that such person be arrested and commit him to custody. (6) If, in any case triable by a Magistrate, the trial of a person accused of any non-bailable offence is not concluded within a period of sixty days from the first date fixed for taking evidence in the case, such person shall, if he is in custody during the whole of the said period, be released on bail to the satisfaction of the Magistrate, unless for reasons to be recorded in writing, the Magistrate otherwise directs. (7) If, at any time, after the conclusion of the trial of a person accused of a non-bailable offence and before judgment is delivered, the Court is of opinion that there are reasonable grounds for believing that the accused is not guilty of any such offence, it shall release the accused, if he is in custody, on the execution by him of a bond without sureties for his appearance to hear judgment delivered." 7. In terms of Section 437 of the Cr.P.C. bail can be granted in a non-bailable offence on three circumstances as depicted in the proviso, (i) being a person below 16 years of age, (ii) a woman and (iii) is sick or inform. The petitioner is a 6 woman. Though the petition is filed under Section 439 of Cr.P.C., the proviso to Section 437 can be equally made use of. The said proviso says that, even if there appears reasonable grounds for believing that the accused is guilty of the offences punishable with death or imprisonment for life, provided the Court may direct that the person referred to in Clause(i) or Clause (ii), be related on bail, if such person is under the age of sixteen years or is a woman or is sick or infirm. It is not the law that bail should always be denied in a case where the offence punishable is of death or life imprisonment. In exceptional cases, if the statue permits and the facts not being so gory and grave criminal antecedents shrouding the culprit, the consideration in such cases would be different. In this respect, reference can be made to the decision of the Hon’ble High Court of Karnataka (At Bengaluru) in Criminal Petition No. 2306 of 2022 titled Nethra vs. State of Karnataka, decided on May 12th, 2022. 8. The consequences of pre-trial incarceration are grave. A person presumed innocent is subjected to psychological and physical deprivations of jail. Further, a jailed individual is prevented from contributing to the preparation of his defence. The burden of his detention falls heavily on the innocent members of his family. 7 9. The object of bail is to secure the attendance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. 10. Personal liberty is a very precious fundamental right. The same is to be curtailed only when it becomes imperative, according to the peculiar facts and circumstances of each case. Punishment begins after conviction. Every man is deemed to be innocent until duly tried and duly found guilty. Nothing unfavourable has been stated in the status report qua the social circumstances of the petitioner, whereby it can be made out that the petitioner is likely to betray the confidence that the Court may place in her to turn out to take justice at the hands of the Court. As per the status report, bail petitioner is stated to be resident of Village Nauti, Tehsil Kasauli, District Solan, H.P. In order to ensure her presence at trial stringent conditions can be imposed while granting bail. 11. The respondent-State has not expressed any apprehension regarding his fleeing from the course of justice and adversely affecting the trial. In any case, the petitioner can be put to terms for the purposes of safe, secure and unobstructed completion of trial. From the status report, so 8 filed, it is evident that the petitioner does not have any criminal antecedents. 12. Hence, after going through the material available on record and considering the overall facts and circumstances of the case, this Court finds that the present is a fit case where judicial discretion to admit the petitioner on bail is required to be exercised in her favour. Accordingly, the bail application is allowed and it is ordered that the petitioner, who has been arrested by the police, in case FIR No. 35 of 2023, dated 30.06.2023, registered at Police Station Kasauli, District Solan, H.P. for an offence punishable under Sections 302 and 201 of IPC, shall be forthwith released on bail, subject to her furnishing personal bonds to the tune of Rs. 1,00,000/- (Rupees one lac) with one surety in the like amount, to the satisfaction of learned trial Court. This bail order is subject, however, to the following conditions:- (i) Petitioner shall 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; (ii). Petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever; (iii) Petitioner will not leave India without prior permission of the Court; (iv) Petitioner shall not make any inducement, threat or promise, directly or indirectly, to the victim and Investigating Officer or any 9 person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer; (v). Petitioner shall inform the Station House Officer of the concerned police station about his places of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of her Aadhar Card, Telephone Number, Email, PAN Card, Bank Account Number, if any; & (vi). It is made clear that in case petitioner is arraigned as accused, in future, in any FIR, then her bail is liable to be cancelled. It is open for the Investigating Agency to move appropriate application in that regard. 13. Needless to say that the Investigating agency shall be at liberty to move this Court for cancellation of the bail, if any of the aforesaid conditions are violated by the petitioner. 14. Be it stated that any expression of opinion given in this order does not mean an expression of opinion on the merits of the case and the trial Court will not be influenced by any observations made therein. 15. The Registry is directed to forward a soft copy of the bail order to the Superintendent, District Jail, Solan, District Solan, Himachal Pradesh, through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 10 16. In case, the petitioner is not released within a period of seven days from the date of grant of bail, the Superintendent, District Jail, Solan, District Solan, Himachal Pradesh, is directed to inform this fact to the Secretary, DLSA, District Solan, Himachal Pradesh. The Superintendent, District Jail, Solan, District Solan, Himachal Pradesh, is further directed that if the petitioner fails to furnish the bail bonds, as per the order passed by this Court, within a period of one month from today, the said fact be submitted to this Court. 17. A downloaded copy of this order shall be accepted by the learned Trial Court while accepting the bail bonds from the petitioner and in case, said Court intends to ascertain the veracity of the downloaded copy of the order presented to it, same may be ascertained from the official website of this Court. (Bipin Chander Negi) Judge October 10th, 2025 Susheel Digitally signed by TARUN SINGH DN: C=IN, O=HIGH COURT OF HIMACHAL PRADESH SHIMLA, Phone= d9a5ff72fb0acba2bc2e5e2a887cd8990f1 824b024012b79267e68676b38171a, PostalCode=171001, S=Himachal Pradesh, SERIALNUMBER= 2c3ab1f19a0e20eacba86d89a55d133fa6 73627a3d655d03d667760fbae50f3a, CN=TARUN SINGH Reason: I am the author of this document Location: Date: 2025.10.10 18:03:24+05'30' Foxit PDF Reader Version: 2024.3.0 TARUN SINGH