2025:HHC:34323 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP(M) No. 2321 of 2025 Reserved on : 6 .10.2025 Decided on : 10.10.2025 Vikas Kumar …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. Ashok K. Tyagi, Legal Aid Counsel. For the respondent : Mr. Mohinder Zharaick and Mr. H.S. Rawat, Additional Advocate Generals with Mr. Rohit Sharma, Deputy Advocate General. Virender Singh, Judge Applicant Vikas Kumar has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) for releasing him, on bail, during the pendency of the trial, arising out of FIR No. 88 of 2021, dated 6.7.2021, registered under Section 302 of Indian Penal 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:34323 Code (hereinafter referred to as ‘the IPC’), with Police Station, Kangra, District Kangra, H.P. 2. The applicant has pleaded the fact that he is innocent person and has falsely been implicated, in the present case. 3. The applicant has been arrested in this case on 6.7.2021. He has tried his luck by moving application for bail, before the learned Additional Sessions Judge-II, Kangra at Dharamshala, District Kangra, H.P., however, the same has been dismissed on 8.5.2025. 3. According to the applicant, investigation in the present case, is complete and Police has filed the charge-sheet, upon which, the learned trial Court has taken the congnizance and till date, only five witnesses have been examined. Highlighting the fact of undue delay, a prayer has been made to allow the application. 4. It is the further case of the applicant that keeping in view of the pace of trial, the trial against him will not be concluded, in near future. 3 2025:HHC:34323 5. The applicant, through his counsel, has undertaken to abide by the terms and conditions, to be imposed by this Court, in case, he is ordered to be released on bail, during the pendency of the trial. 6. On these submissions, a prayer has been made to allow the bail application. 9. When put to notice, the police has filed the status report, disclosing therein, that on 6.7.2021 at about 7:06 p.m., Pradhan, Gram Panchayat Haled Kalan, Arun Chaudhary, telephonically informed the police of Police Station, Kangra that at a place known as ‘Chhev’, near Nift Centre, some migrant labourers had a quarrel and one person is lying in an injured condition in the room, upon which, S.I. Jasbir Singh reached at the spot. A number of persons were found to be gathered there. 9.1 The Pradhan of Gram Panchayat, Haled Kalan was also present, who has got recorded his statement, 4 2025:HHC:34323 under Section 154 Cr. P.C. on 6.7.2021, that he was on his way to his cowshed. At about 6:20 p.m., when, he reached near Nift, then, on the left side of unmetalled portion of the road, in the house of one Pratap Chand, where migrant labourers were residing on rent, he heard the noise of commotion. When, he reached near the room, the room was opened by a migrant labourer and when, he came out of the room, his clothes were soiled with blood. In the meanwhile, another migrant labourer came there, upon which, the complainant and the said migrant labourer entered the room and they noticed a person, lying in the pool of blood. The blood was oozing out of his head. The person accompanying the complainant tied cloth over the head of the person, lying on the floor and the name and address of the said person was found to be Rohit, S/o Sudhir Singh. When, he was checked, he was found to have expired. Thereafter, the matter was reported to the Police. The name of the assailant was found to be Vikas Kumar, who is stated to be elder 5 2025:HHC:34323 brother of the deceased. Deceased Rohit was beaten to death by his elder brother Vikas Kumar (applicant). Since, no other person was found in the room, except the applicant, at that time, as such, a prayer has been made to take action against him. 9.2 On the basis of above facts, Police registered the case under Section 302 IPC. 9.3 Investigation was conducted by S.I. Jasbir Singh, on 6.7.2021. The spot was visited and spot map was photographed. Dead body of the deceased was sent to Dr. RPGMC Tanda. During investigation, statements of Arun Chaudhary, Dilawar Ram, Neelam, Usha, Rakesh Ram and Surjit Singh were recorded under Section 161 Cr. P.C. Spot was sealed. Applicant was arrested on 6.7.2021. 9.4 Thereafter, he was medico legally examined at Civil Hospital, Kangra. Physical evidence, so preserved was handed over to the Police. 6 2025:HHC:34323 9.5 On 7.7.2021, applicant Vikas was also medico legally examined and the Medical Officer has opined in the MLC of deceased as under: “The patient is a k/c/o (known case of) epilepsy, already on treatment from Dr. RPGMC, Tanda” 9.6 Thereafter, on 7.7.2025, post-mortem examination of dead body of Rohit Kumar was conducted by the Doctor and physical evidence, so collected by the Doctor, was handed over to the Police. The Doctor has given the cause of death as cranial trauma, leading to fracture of skull and intra cranial hameorrhage, as a consequence of injuries No. 1 and 2, which are sufficient cause for death, in an ordinary course of nature. 9.7 Thereafter, the spot was inspected by the team of RFSL, Dharamshala. From the spot, physical evidence, so collected, was taken into possession. 9.8 The applicant was thereafter, produced before the Court of learned ACJM, Kangra, from where, he was remanded to Police custody, till 12.7.2021. After receipt of report from RFSL, Dharamshala, Police filed 7 2025:HHC:34323 charge sheet and the case is stated to be listed before ASJ-II, Dharamshala on 13.11.2025, for prosecution evidence. 9.9 As per the status report, there are total 30 witnesses, out of which, 14 witnesses have examined, one has expired and one has been given up. As such, it has been submitted that 13 witnesses are yet to be examined. 9.10 On the basis of above facts, a prayer has been made to dismiss the bail application. 10. In this case, the applicant has sought relief of bail mainly on the ground of undue delay. Although, it has vehemently been argued by Mr. Ashok K. Tyagi, Legal Aid Counsel, appearing for the applicant that there is undue delay in trial. However, keeping in view the pace of trial, this Court is unable to concur with the submissions, made by the learned Legal Aid Counsel, as only 13 witnesses are yet to be examined and the case has now been listed on 13.11.2025, for remaining evidence. 8 2025:HHC:34323 11. Even otherwise, the applicant is a known case of epilepsy, as opined by the Medical Officer, Civil Hospital, Kangra and in case, the applicant, who is resident of Kasir Raydi, District Gumla, Jharkhand, is released on bail, he may not be available for trial. 12 Seriousness of the offence is one of the grounds to decline the relief of bail to the applicant. 13. As per the prosecution case, the applicant is guilty of fratricide and release of the applicant would give a wrong signal to the society that after committing such a henious crime, the applicant is moving freely in the society. 14. Another fact, which the prosecution has rightly highlighted that applicant has given his name as Vikas Kumar to the Police, whereas, according to the report made by Pradhan, Kasir Raydi, Jharkhan, his name was found to be Vikas Naik. 15. Considering all these facts, this Court is of the opinion that the applicant is not able to make out a case for his release on bail. 9 2025:HHC:34323 16. Consequently, the present application is dismissed. 17. Any of the observations, made herein above, 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. (Virender Singh) Judge October 10, 2025 Kalpana