1 2025:HHC:38400 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP(M) Nos.: 2397 of 2025 & connected matters Reserved on : 6.11.2025 Decided on : 14.11.2025 1.Cr. MP(M) No. 2397 of 2025 Lal Deen …Applicant Versus State of H.P. ...Respondent 2. Cr. MP(M) No. 2559 of 2025 Noor Mohammad @ Lali ...Applicant Versus State of H.P …Respondents 3. Cr. MP(M) No.2535 of 2025 Abdul Farukh ..Applicant Versus State of H.P. ...Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2025:HHC:38400 For the Applicants : Ms. Vandana Thakur and Mr. Virender Chauhan, Advocates, in Cr. MP(M) No. 2397 of 2025, Mr. R.S. Chandel, Advocate, in Cr. MP(M) No.2559 of 2025 and Cr. MP(M) No. 2535 of 2025 For the respondent : Mr. H.S. Rawat, Additional Advocate General with Ms. Ranjna Patial and Ms. Avni Kochhar Mehta, Deputy Advocates General, assisted by ASI Harish Kumar, Police Station, Pachhad, District Sirmaur, H.P. Virender Singh, Judge The above titled bail applications are being disposed of by a common order, as applicants have filed the present applications, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) for releasing them, on bail, during the pendency of the trial, arising out of Case FIR No. 47 of 2025, dated 18.7.2025, registered under Sections 331(4), 305, 3(5) of Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the BNS’), registered with Police Station, Pachhad, District Sirmour, H.P. 3 2025:HHC:38400 2. The applicants have pleaded the fact that they are innocent persons and have falsely been implicated, in the present case. 3. According to the applicants, Police could not collect any evidence to connect them with the crime in question. 4. Abdul Farukh (applicant in Cr. MP(M) No. 2535 of 2025) and Noor Mohammad (applicant in Cr. MP(M) No. 2559 of 2025) have tried their luck, by moving bail applications, before the learned Additional Sessions Judge, Sirmaur District at Nahan, H.P., however, the same were dismissed, on 27.9.2025. Applicant Laldeen has also filed similar bail application, before the learned Sessions Judge, Sirmaur, District at Nahan, H.P. however, the same was also dismissed, on 11.9.2025. 5. The applicants, through their counsel, have undertaken to abide by the terms and conditions, to be imposed by this Court, in case, they are ordered to be released on bail, during the pendency of the trial. 4 2025:HHC:38400 6. On these submissions, a prayer has been made to allow the bail applications. 7. When, put to notice, the Police has filed the status report, disclosing therein, that on 18.7.2025, complainant Sanjeev, S/o Om Prakash, telephonically informed the Police that he is running a Jewellery shop, under the name and style of ‘Ratra Jewellers’, at Naina Tikker, and the locks of his shop were broken by someone, in the intervening night of 17.7.2025/18.7.2025. 7.1 On the said information, H.C. Biram Pal No. 498, alongwith other police officials, reached at the spot, where, complainant moved the complaint, disclosing therein, that on 17.7.2025, at about 9:00 p.m., he closed down his shop, and on 18.7.2025, at about 6:25 a.m., his neighbor Aditya telephonically informed him that shutter of his shop has been partially opened, and inquired him as to whether he has opened the same, upon which, he replied in the negative, and reached at the spot. 5 2025:HHC:38400 7.2 On the spot, he noticed that some unknown person has broken the locks of his shop and shutter was opened. Both the locks were not there on the shutter. Lock over the toughened glass partition was also found broken. In the shop, one Genti (pickaxe) without handle was found. When, the complainant entered the shop, he found that about 50 grams gold and 5 kg silver was stolen. When, he checked the CCTV footage cameras installed there, he found that on 18.7.2025, at about 3:40 a.m., two persons were committing theft in his shop. Later on, he came to know about the fact that in the adjoining general store also, owned by one Nirmala Rajput, locks have been broken. The persons, who had committed theft, were seen with covered faces, as such, complainant could not identify them. 7.3 On the basis of above facts, the complainant has prayed that action be taken against the thieves, upon which, FIR in question was registered and Police machinery swung into motion. 6 2025:HHC:38400 7.4 The I.O. visited the spot and prepared the spot map. Photographs of the spot were clicked. Physical evidence, found on the spot, were also taken into possession. When, the CCTV footage was checked, it was found that incident of theft had occurred on 18.7.2025 between 2:00 a.m. to 4:00 a.m. The thieves are stated to have muffled their faces and worn the gloves. The aforesaid persons were found to be breaking the locks of shutter with the help of genti (pickaxe). They were also found to be using gas welding cutter to commit theft. One person was found having a small key pad 2G mobile phone, in his hand. The CCTV footage was taken into possession. 7.5 On checking the data of the CCTV footage, the aforesaid 2G mobile phone was found to have sim No. 98057-04331. The CDR and Consumer Application Form of the aforesaid mobile number were obtained and on the aforesaid number, conversation from mobile number 93424-54213, was found to have occurred at the time of incident. On the analysis of 7 2025:HHC:38400 both the aforesaid numbers, location of these numbers were found in Naina-Tikker at the relevant time. In the CCTV footage, both the number plates of the vehicle, used for the theft, were found to have been covered with tape. 7.6 Thereafter, location of both the mobile phones was found to be in District Chamba, as such, Police team, under the leadership of ASI Harish Kumar, reached Chamba on 26.7.2025. 7.7 On 26.7.2025, applicant Laldeen, S/o Roshandeen, on the basis of suspicion, was inquired and sim number 93424-54213 was found to have been issued, in his name. 7.8 Thereafter, vehicle allegedly involved in the crime in question, bearing No. HP01C-2812 was also taken into possession. Statements of witnesses were recorded under Section 180 of BNSS. 7.9 Since, the aforesaid vehicle, bearing registration No. HP01C-2812 was found to have been registered in the name of Abdul Farukh, as such, both 8 2025:HHC:38400 Abdul Farukh and Laldeen were arrested on 27.7.2025. 7.10. On 28.7.2025, accused Laldeen and Abdul Farukh were produced before the learned Judicial Magistrate First Class, Rajgarh, District Sirmour, H.P., from where, they were remanded to Police custody, for seven days. 7.11 During investigation, on the analysis of CDRs, it was found that alongwith Laldeen and Abdul Farukh, applicant Noor Mohammad and one Barkatu @ Ali were also involved, in the crime in question, as they came from Kangra to Shimla, in vehicle No. HP01C-2812 on 11.7.2025. Thereafter, they had allegedly committed theft in Jewellery shop at Jubbal, in the intervening night of 13/14.7.2025. In this regard, FIR No. 52 of 2025, dated 14.7.2025, has been registered under Sections 331(4) and 305 of BNS, with Police Sation, Jubbal, District Shimla, H.P. 7.12 On 14.7.2025, the applicants alongwith aforesaid Barkatu @ Ali are stated to have returned 9 2025:HHC:38400 back from Jubbal, via Shimla-Solan-Kumarhatti and reached Naina-Tikker, where they had conducted recce. Thereafter, they are stated to have reached Chamba, via Sarahan-Nahan-Narayangarh- Chandigarh-Una-Pathankot. On 16.7.2025, they had gone to Medical College, Tanda, Kangra. On 17.7.2025, they had committed theft at Naina-Tikker and thereafter, returned back to Chamba, via Dharampur- Parwanoo-Anandpur Sahib-Una-Pathankot. They have distributed all the stolen articles. 7.13 Applicant Laldeen is stated to have handed over his share to Abdul Farukh. Statement of Abdul Farukh was recorded under Section 23 of BSA. 7.14 On 31.7.2025, applicant Abdul Farukh got recovered the ornaments from his native place. The complainant identified his jewellery and rest of the ornaments, he did not identify. Total weight of the identified ornaments was found to be 441.47 grams, whereas, weight of un-identified jewellery was found to be 461.13 grams silver and KDM was found to be 10 2025:HHC:38400 544.63 grams. All the aforesaid jewellery was taken into possession. 7.15 Thereafter, applicant Abdul Farukh has identified the shop of Gobind Singh, at Dunera Punjab, from where, he got the Gas Welding Set. The said Gas Welding set was also taken into possession. 7.16 On 31.7.2025, applicants Laldeen and Noor Mohammad were arrested. During police remand, applicant Noor Mohammad has identified the place, where he kept concealed the ornaments, which were given to him, as his share. 7.17 On 5.8.2025, applicant Abdul Farukh also got recovered ornaments of his share. Accused Barkatu @ Ali has yet not been arrested. 7.18 Lastly, it has been submitted that investigation, against all the applicants, is complete and against accused Noor Mohammad, there are 32 other cases, out of which, 30 cases are of theft and house breaking and two cases are stated to be under the provisions of NDPS Act. However, no other cases 11 2025:HHC:38400 are found to have been registered, against applicants Abdul Farukh and Laldeen. 8. On the basis of above facts, a prayer has been made to dismiss the applications. 9. Applicant Noor Mohammad, in the bail application, has not bothered to mention the fact that as many as 32 cases have already been registered, against him. Whenever, a person is approaching the Court for bail, it is expected from him to mention all the material facts, including his criminal history. 10. Considering these facts, at this stage, applicant Noor Mohammad is not able to make out a case, for releasing him on bail, on the ground of concealment of material facts, regarding registration of the earlier cases, against him. As such, applicant Noor Mohammad is not entitled for relief of bail. 11. Consequently, bail application of applicant Noor Mohammad, bearing registration No. 2559 of 2025, is ordered to be dismissed, mainly, on the 12 2025:HHC:38400 ground of concealment of material facts, from the judicial scrutiny of this Court. 12. So far as applicants Abdul Farukh and Laldeen are concerned, investigation against them, is complete, and except the present case, no other case is stated to have been registered against them. As such, no useful purpose would be served by keeping them, in judicial custody, that too, for indefinite period, as chances of commencement and conclusion of trial, are not so bright. Moreover, the bail application cannot be rejected, as a matter of right, as accused persons are presumed to be innocent, unless proven guilty. 13. Considering all these facts, bail applications No. 2397 of 2025 and 2535 of 2025, are allowed and applicants Laldeen and Abdul Farukh are ordered to be released on bail, during the pendency of trial, arising out of Case FIR No. 47 of 2025, dated 18.7.2025, under Sections 331(4), 305, 3(5) of BNS, registered with Police Station, Pachhad, District Sirmour, H.P., on their furnishing personal bonds in 13 2025:HHC:38400 the sum of Rs. 50,000/-, each, with two sureties, each, in the like amount, to the satisfaction of the learned trial Court. 14. This order, however, shall be subject to the following conditions:- a) 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 the appropriate application; b) Applicants shall not tamper with the prosecution evidence nor hamper the investigation of the case, in any manner, whatsoever; c) Applicants 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) Applicants shall not leave the territory of India without the prior permission of the Court. 15. 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. 16. It is made clear that the respondent-State is at liberty to move an appropriate application, in case, 14 2025:HHC:38400 any of the bail conditions is found violated by the applicant. 17. The Registry is directed to forward a soft copy of the bail order to the Superintendents of Model Central Jail, Nahan and District Jail, Kaithu, Shimla, respectively, through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 25. In case, the applicants are not released within a period of seven days from the date of grant of bail, the Superintendents of Model Central Jail, Nahan and District Jail, Kaithu, Shimla are directed to inform this fact to the Secretary, DLSA, Nahan and DLSA, Shimla, respectively. The Superintendents of Model Central Jail, Nahan and District Jail, Kaithu, Shimla are further directed that if the applicants fail 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) November 14, 2025 (Kalpana) Judge KALPANA Digitally signed by KALPANA Date: 2025.11.14 17:25:24 +0000 15 2025:HHC:38400