1 2025:HHC:44019 2025:HHC:44019 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MP(M) Nos. 2885 and 2886 of 2025 Decided on : 15.12.2025 1. Cr. MP(M) No. 2885 of 2025 Nirmala Devi …Applicant Versus State of H.P. …Respondent 2. Cr.MP(M) No.2886 of 2025 Sunil Kumar ..Applicant Versus State of H.P. ...Respondent ____________________________________________________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ____________________________________________________ For the Applicants : Mr. Manmohan Singh Katoch and Mr. Dhruv Thakur, Advocates. For the Respondent : Mr. H.S. Rawat, Addl. A.G. with Mr. Rohit Sharma, assisted by ASI Hans Raj, Police Station, Bhunter, District Kullu, H.P. 2 2025:HHC:44019 Virender Singh, Judge (oral) This order of mine shall dispose of both the above titled bail applications, which have been filed by the applicants, under Section 482 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) in case FIR No. 191 of 2025, dated 28.11.2025, registered under Sections 108, 351 (2), 352 and 3(5) of Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the BNS’), with Police Station, Bhunter, District Kullu, H.P. 2. By way of 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 have falsely been implicated in the present case. 3 2025:HHC:44019 4. The applicants have given certain undertakings, for which, they are ready to abide by, in case, directions are issued to the Police/I.O., under Section 482 of the BNSS. 5. Applicant in Cr.MP(M) No. 2885 of 2025, has pleaded that she is senior citizen of about 83 years of age, and has no concern whatsoever with the crime in question. The case is stated to be registered against them, just to harass them. 6. The applicants, through their counsel, have given certain undertakings, for which, they are ready to abide by, in case, ordered to be released on bail. 7. On the basis of above facts, applicants have sought the relief, as claimed in the present bail applications. 8. When, put to notice, Police has filed status report, disclosing therein that on 28.11.2025, a telephonic message was received from Medical Officer, Civil Hospital, Tegu Behad, who informed that 4 2025:HHC:44019 one Poonam, aged about 46 years, W/o Anil, R/o Village Shamshi, has been brought dead to the Hospital and the case is stated to be a suicide case, upon which, ASI Hans Raj, alongwith other police officials, reached at the spot, where dead body was found lying in the emergency ward. MLC was obtained. Thereafter, request was made to conduct the post-mortem examination. During inspection of the body, on the right hand of the deceased, following words were found written: “ मेरी मौत का जि म्मेवार जि र्फ मेरा ेठ व ा है मेरी गुज़ाजिरश है कानून कड़ी े कड़ी कार्यवाही करे" 8.1. The aforesaid fact has also been mentioned by the Medical Officer in the MLC. Thereafter, husband of Poonam (complainant) made a statement, under Section 173 of BNSS, disclosing therein, that he is resident of village Shamshi, and running a Karyana shop at Shamshi. He was married to Poonam in the year 2001 and has one son and one daughter. He and his brother Sunil Kumar (applicant in Cr. MP(M) No. 5 2025:HHC:44019 2886 of 2025) are having land dispute, for the last 1- 1½ years. Due to this fact, his mother applicant Nirmala Devi and Sunil Kumar used to abuse the family members of the complainant. On the day of incident, i.e. on 28.11.2025, when, the complainant and his wife Poonam were present in the shop, then, applicant Sunil Kumar came to their shop and due to the land dispute, between them, abused the complainant and his wife and told him that they had filed a case against them and threatened to see them. He is also stated to have given threatening to kill them. Due to the said fact, the wife of the complainant used to remain tensed. 8.2 Thereafter, Poonam left the shop on the pretext of having bath. When, for the considerable long time, she did not return back, the complainant went to his house and called his wife, but, no one responded. Her room was found locked from inside and when, he opened the door by pushing it, he found his wife to be hanging with fan, with the help of 6 2025:HHC:44019 dupatta. Thereafter, complainant called his son from his shop. After cutting the dupatta, she was brought down and was taken to CHC Tegu Behad, where, the Doctor has declared her brought dead. 8.3 On the basis of above facts, as well as, on the basis of suicide note, written on her hand, complainant has prayed that action be taken against the applicants. He has also got recorded, in his statement, that both the applicants are responsible for the death of his wife. 8.4 On the basis of above facts, the Police registered the case under Section 108 of the BNSS. Spot was visited and physical evidence was collected from the spot. 8.5 It is the further case of the Police that applicant Nirmala was found admitted in the Regional Hospital, Kullu, whereas, mobile phone of applicant Sunil Kumar was found to be switched off. 8.6 It has been apprehended by the Police that in case, protection is granted to the applicants, they 7 2025:HHC:44019 may coerce the witnesses and may hamper the investigation. 8.7 On the basis of above facts, a prayer has been made to dismiss the bail application. 8.8 After perusing the status report, interim protection was granted to the applicants, vide order dated 8.12.2025 and the matter has been adjourned for today. 8.9 Today, the Police has filed the supplementary status report, disclosing therein that during investigation, it has been found that applicants were having land dispute with deceased Poonam and her family members and due to the said fact, on 21/22.11.2025, a quarrel had taken place between the parties, about which, rapat No.56 was registered on 21.11.2025. On 22.11.2025, deceased Poonam had also made the complaint against the applicants, on account of land dispute, due to which, verbal altercation took place between them. In this regard, rapat No.84, dated 22.11.2025 was registered. The 8 2025:HHC:44019 complainant is stated to have filed case for partition in the competent Court of law. 8.10 On 13.12.2025, the applicants have joined the investigation. 8.11 It has been argued by the learned Addl. A.G. that the applicants are very clever persons, and in case, interim order dated 8.12.2025 is made absolute, they may coerce the witnesses. There is a lot of resentment in the area, against the applicants. 9. On the basis of above facts, a prayer has been made to dismiss the applications. 10. Heard. 11. It is the case of the complainant that there was land dispute with regard to partition of the land, between the parties. On the date of incident, at about 11:30 a.m., applicant Sunil Kumar had allegedly gone to the shop of the complainant and abused him and his wife. It is the specific case of the complainant that accused Sunil Kumar had threatened the complainant to kill them. 9 2025:HHC:44019 12. From the above allegations, at this stage, it cannot be said that any act, which led to take extreme step by the deceased, has been attributed to the applicants. Although, a valuable life has been lost, but, on that ground, the applicants cannot be denied the relief of bail, for which, they are otherwise entitled to, as both of them have joined the investigation. As such, the Police is not able to make out a case for custodial interrogation. 13. So far as the apprehensions, which have been expressed by the Police, in the status report, are concerned, for those apprehensions, reasonable conditions can be imposed, upon the applicants. 14. Applicant Nirmala Devi is senior citizen, aged about 83 years, and applicant Sunil Kumar has initiated legal proceedings, against the complainant, regarding partition of the land. 15. Considering all these facts, the interim orders dated 8.12.2025, passed by this Court, are liable to be confirmed. Consequently, interim order 10 2025:HHC:44019 dated 8.12.2025, passed in both the cases, are made absolute. This order, however, shall be subject to the following additional conditions:- a) That the applicants shall join the investigation of the case, as and when, called for, by the Investigating Officer, in accordance with law; b) That the applicants shall not leave India, without prior permission of the Court; c) That the applicants 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/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. 16. 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. 17. It is made clear that the respondent-State is at liberty to move an appropriate application, in 11 2025:HHC:44019 case, any of the bail conditions, is found violated by the applicants. (Virender Singh) Judge December 15, 2025 Kalpana