1. ( 2025:HHC:35431 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP(M) No.2312 of 2025 Reserved on: 09.10.2025 Date of Decision: 17.10.2025 Toni …Applicant Versus State of H.P. ...Respondent Coram: The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the applicant : Mr. Vijender Katoch, Advocate. For the respondent : Mr. Tejasvi Sharma, Additional Advocate General, with Mr. Rohit Sharma, Deputy Advocate General. Virender Singh, Judge Applicant-Toni, has filed the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for releasing him, on bail, during the pendency of the trial, arising out of FIR No.91 of 2025, dated 22.05.2025, registered under Sections 109, 132, 121(1), 324(4) read with Section 3(5) of Bharatiya Nyaya Sanhita (hereinafter referred to as the ‘BNS’), with Police Station, Indora, District Kangra, H.P. 1 Whether reporters of Local Papers may be allowed to see the judgment? 2. ( 2025:HHC:35431 ) 2. According to the applicant, he is innocent person and has falsely been implicated, in this case, as he has no concern, whatsoever with the crime in question. 3. Investigation, in the present case, is stated to be completed, as the police has filed the charge sheet, in this case. 4. The applicant had earlier tried his luck by moving similar bail application, before this Court, however, the said application was dismissed as withdrawn, vide order dated 05.08.2025. 5. Thereafter, he had preferred the bail application, before the Court of learned Additional Sessions Judge, Nurpur, District Kangra, H.P. However, the same has also been dismissed on 09.09.2025. 6. Prior to this, he has also filed the similar bail application, before the Court of learned Additional Sessions Judge, Nurpur, District Kangra, H.P., which was also dismissed on 22.07.2025. 7. Apart from this, the applicant has also pleaded that he is ready to abide by any condition, imposed by this 3. ( 2025:HHC:35431 ) Court, in case, he is ordered to be released on bail, during the pendency of the trial. 8. The applicant has also pleaded the details of the cases, which have been registered against him, which are reproduced as under:- (i) FIR No.14/2006, dated 18.01.2006, under Section 39(1) of H.P. Excise Act, Police Station Indora. (ii) FIR No.82/2007, dated 01.09.2007, under Section (1) of H.P. Excise Act, Police Station Indora. (iii) FIR No.219/2012, dated 18.07.2022, under Section 341, 323, 504, 506, 34 of IPC, Police Station Indora, the matter was compromised. (iv) FIR No.147/2025, dated 24.07.2015, under Section 15-61-85 of NDPS Act, Police Station Indora. (v) FIR No.305/2016, under Sections 21, 29 of NDPS Act, Police Station Indora. (vi) FIR No.70/2019, dated 22.07.2019, under Section 147, 149, 353, 332, 341, 186, 225B, 384, 511 of IPC, Police Station Indora, the petitioner was acquitted. (vii) FIR No.95/2009, dated 16.03.2009, under Section 395, 411 of IPC, Police Station Indora, the petitioner was acquitted. (viii) FIR No.74/2009, dated 10.08.2009, under Sections 399, 402, 379, 411 of IPC Police Station Indora. The petitioner was convicted for 2.5 months and fine of Rs.5,000/- (ix) FIR No.47/2010, dated 11.04.2010, under Sections 379, 411 of IPC Police Station Indora. The petitioner was convicted for 4 months and fine of Rs.300/- (x) FIR No.77/2013, dated 24.10.2013, under Sections 15-61-85 of NDPS Act, Police Station Indora, the petitioner was acquitted. (xi) FIR No.44/2019, dated 07.09.2019, under Sections 21-61-85 of NDPS Act, Police Station Indora. (xii) FIR No.36/2023, dated 16.09.2023, under Section 21, 22 of NDPS Act, Police Station Indora. 4. ( 2025:HHC:35431 ) 9. On the basis of the above facts, Mr. Vijender Katoch, Advocate, appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, ordered to be released on bail, during the pendency of the trial. 10. On the basis of the above facts, a prayer has been made to allow the application. 10.1. When, put to notice, the police has filed the status report, disclosing therein, that on 22.05.2025, HC Ranjeet Singh, IO CIA Wing, Nurpur, appeared before the Police of Police Station, Indora and got recorded his statement, under Section 173 of BNS, mentioning therein, that for the last two and half years, he has been deployed in CIA Wing, Police District Nurpur. On 22.05.2025, he, along with other police officials, under the leadership of Assistant Sub Inspector, Satyender Singh, in their private vehicle No.HP97A-0644, were on patrolling duty and duty to detect the crime relating to excise and narcotics, towards Kandwal, Damtal, Thakur Dwara, Indora side. When, they were present at place, known as Milwan, then, he received the secret information about the fact that at a place, known as 5. ( 2025:HHC:35431 ) Girthal, where, Punjab Police has put picketing, some unknown persons had a scuffle with Punjab Police and firing was also done there and the said persons had fled away from the spot towards Indora in their vehicle No.JK02CT-0369 make Verna, Colour white. 10.2. On this information, H.C. Ranjeet Singh, along with other police officials reached at Tanda Mor near Indora and put the picketing. Thereafter, they had started checking the vehicles coming from Milwan. At about 4:30 PM, when, IO was checking the vehicles coming from Milwan side, then, a black coloured Swift Car bearing No. PB06P-1616, being driven by its driver came there. H.C. Ranjeet Singh, with the help of police officials, had given the signal to stop the car and five persons were found in the said car. Out of five persons, three were men and two were women. 10.3. The person, who was on the wheel, on seeing, the police picketing, firstly slower down the speed of the car and had discussed with his co-passanger and all the occupants of the vehicle had made a signal towards police party, upon which, driver of the said vehicle drove the vehicle at a very fast speed and in order to kill the police party, drove the 6. ( 2025:HHC:35431 ) vehicle in such a manner, resultantely, that left rear view mirror hit HC Ranjeet Singh. Thereafter, HC Ranjeet Singh and other members of the picketing party tried to save themselves, but, after hitting HC Ranjeet Singh, the driver drove the vehicle in a very fast speed and turned back the vehicle towards Nilwan side and fled away from there. Thereafter, the police has chased the vehicle in their private vehicles and when they reached at Chanog Cheni, then, the vehicle was found there as the tyre of the same had burst, upon which, H.C. Ranjeet Singh and other police officials tried to nab them, but, they started arguing and also tried to have a scuffle with them, as such, they were nabbed. 10.4. On inquiry, the driver disclosed his name as Toni R/o Chenni (applicant), Vikas Kumar alias Saurav, Raja alias Rajan, Kamlesh alias Tota and Sonia alias Chuki. Due to the incident, (complainant) HC Ranjeet Singh sustained injuries on his left arm and other parts of the body and his vehicle has also been damaged. 10.5 On the basis of the above facts, he has prayed that the action be taken against the accused persons, upon 7. ( 2025:HHC:35431 ) which, the FIR has been registered and thereafter the investigation was entrusted to ASI Hem Raj. 10.6. During investigation, the complainant was medico legally examined at Civil Hospital Indora. Spot was visited and spot map was prepared. Vehicle used in the crime was taken into possession along with the vehicle of HC Ranjeet Singh . The statements of the witnesses were recorded under Section 180 of BNSS. Thereafter, the accused persons were arrested. When, one of the accused i.e. Raja alias Rajan was found to be minor as such he has been produced before P.M.J.J.B. 10.7 Following cases were found to be registered against the applicant:- Sr. No. Case FIR No. Date Under Section Present Status 1 74/2009 10.08.2009 399, 402, 379, 411 IPC Conviction for 2-1/2 month and Fine 5000/- by the Ld. ASJ-I Pathankot 2 47/2010 11.04.2010 379, 411 IPC Conviction for 04 months and Fine Rs.300/- by Ld. ACJM Pathankot 3 147/2015 24.07.2015 15.61.85 NDPS Act For Evidence on 26.09.2025 before the Ld. JMFC Indora 4 305/2016 18.12.2016 21,29-61-85 of For Evidence 8. ( 2025:HHC:35431 ) NDPS Act. on 06.12.2025 before the Ld. JMFC Indora 5 70/2019 22.07.2019 147, 149, 353, 332, 341, 34 For Evidence on 12.08.2025 6 44/2019 07.09.2019 21.61.85 of NDPS Act For Evidence on dated 20.08.2025 before the Ld. JMFC Indora 7 36/2023 16.09.2023 21,22-85 of NDPS Act For Prosecution Evidence on dated 05.08.2025 before the Ld. Special Court Pathankot 10.8. Lastly, it has been apprehended that the accused is a very clever person and having criminal antecedents. He has tried to crush the members of the C.I.A. Team and caused serious danger to the life of police officials. In case the applicant is released on bail, he will coerce the witnesses and may also allure them. 10.10. Apart from this, it has been apprehended that in case, the applicant is released on bail, he may not be available for the trial. Highlighting his criminal history, it has been pleaded that in case, the applicant is released on bail, it will give a wrong signal to the society that even, in serious offences, one can get bail easily. 9. ( 2025:HHC:35431 ) 11. On the basis of the above facts, a prayer has been made to dismiss the application. 12. The investigation, in the present case, is stated to have been completed and the police has filed the charge sheet in the Court of learned Judicial Magistrate First Class, Indora. From this fact, an inference can be drawn that the custodial interrogation of the applicant is no more required by the police. Even otherwise, the bail application cannot be rejected as a matter of punishment, as punishment can only be inflicted after the full fledged trial as applicant is presumed to be innocent unless proven guilty. 13. So far as the criminal history of the applicant, as mentioned in the bail application, as well as, status report is concerned, although the applicant has been convicted by the Court of learned Additional Sessions Judge-I, Pathankot, in Case FIR No.74 of 2009, dated 10.08.2009, under Sections 399, 402, 379, 411 of IPC, as well as, in FIR No.47 of 2010, dated 11.04.2010, under Section 379 & 411 of IPC, by the Court of learned Additional Chief Judicial Magistrate, Pathankot, however, the same cannot be taken, as negative factor for declining the relief to the applicant, as 10. ( 2025:HHC:35431 ) the applicant could not be permitted to suffer the sting of the conviction, which was recorded about 15 years ago. 14. So far as other cases are concerned, conviction has not been recorded by the competent Court of law and there is nothing on the file to demonstrate that any efforts have been made by the police to get the bail cancelled, in those cases, by moving the appropriate application. 15. The applicant is permanent resident of District Kangra, as such, it cannot be apprehended that in case, he is ordered to be released on bail, he may not be available for the trial. 16. The chances of commencement and conclusion of trial against the applicant is in near future, are not so bright, as such, he cannot be kept in judicial custody that too, for indefinite period. 17. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 18. Consequently, the applicant is ordered to be released on bail in case FIR No. 91 of 2025, dated 22.05.2025, registered under Sections 109, 132, 121(1), 11. ( 2025:HHC:35431 ) 324(4), read with Section 3(5) of BNS, with Police Station, Indora, District Kangra, H.P., on his furnishing personal bond in the sum of Rs. 1,00,000/-, with one surety in the like amount, to the satisfaction of learned trial Court. 19. This order, however, shall be subject to the following conditions:- a) Applicant 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; b) Applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; c) Applicant shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or the Police Officer, and d) Applicant shall not leave the territory of India without the prior permission of the Court. 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 application. 21. It is made clear that respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions is found violated by the applicant. 12. ( 2025:HHC:35431 ) 22. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Sub Jail Nurpur, District Kangra, H.P., through e-mail, with a direction to enter the date of grant of bail in the eprison software. 23. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, Sub Jail Nurpur, District Kangra, Himachal Pradesh, is directed to inform this fact to the Secretary, DLSA, Kangra, District Kangra, H.P. The Superintendent of Jail, Sub Jail Nurpur, District Kangra, Himachal Pradesh, is further directed that if the applicant fails to furnish the bail bonds, as per the order passed by this Court, within a period of one month from today, then, the said fact be submitted to this Court. (Virender Singh) Judge October 17, 2025 (subhash) RAJNI Digitally signed by RAJNI Date: 2025.10.17 16:28:23 +0530