2025:HHC:38291 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.MP(M) No. 2161 of 2025 Decided on 13.11.2025. ___________________________________________________ Sahil ……….. petitioner Versus The State of H.P. ……….respondent ____________________________________________________ Coram: Hon'ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting? 1 For the petitioner : Mr. Sangram Singh Chandel, Advocate. For the respondent : Mr. Raj Kumar Negi, Additional Advocate General. ASI Maheshwar Prasad, I.O. P.S. Nalagarh, District Solan, H.P. present in person. ____________________________________________________ Bipin Chander Negi, Judge ( oral) The present anticipatory bail petition has been filed under Section 482 of the BNSS for grant of anticipatory bail, in FIR No. 361 of 2024, dated 04.12.2024, registered at Police Station, Nalagarh, District Solan H.P. under Sections 109, 190, 191(2), 191(3), 126(2) and 117(2) of BNS. 2. I have heard learned counsel for the parties. Perused the record and the status report. 3. From a perusal of the record, it is evident that one Sh. Hemraj through Lakhwinder Singh @ Lakha (bail petitioner in Cr. MP(M) No.369 of 2025) had been granted a contract for lifting 1 Whether the reporters of the local papers may be allowed to see the judgment? of scrap from Synergy Company situate in Bir Palasi (Baddi). For lifting of the scrap from the concerned Nalagarh Union, a truck bearing No.HP-12Q-3844 had been engaged on 03.12.2024. The said truck had reached the Synergy Company for lifting of scrap on 04.12.2024. 4. Insofar as, the contract for lifting scrap is concerned, previously the same qua Synergy Company was held by one Yusuf. From the record, it appears that when the truck sent by Hemraj for lifting scrap reached the Synergy Company, Robin, Sukhwinder @ Kala had stopped the associates of Hemraj, who were legally authorized to lift the scrap, as a consequence whereof a scuffle ensued. 5. Subsequent to the aforesaid, alleged scuffle at the premises of Synergy Company, as per the version of the prosecution, nine individuals who have been granted bail, vide Annexures-P1 to P3, it is alleged that they had given beatings to Jaspreet, Lakhwinder Singh, Dilbagh, Yusuf, Dharampal, Hardev and Jhujjar Singh at another place on the same day. The aforesaid individuals were brought to the hospital by Pawan Kumar at whose behest the FIR, in the case at hand, was registered. Nature of injuries i.e. on four individuals are blunt grievous, on four other individuals are simple and insofar as one is concerned, it has yet to be determined. Role attributable to the 2 present bail petitioner is of having provided wooden sticks and iron rods for the commission of the alleged offence. 6. The investigation, in the case at hand, is complete and post completion of investigation, main challan in case at hand, has been filed in the month of January, 2025. 7. In coming to the determination that whether the party, if admitted to bail, would appear to take trial, three elements need to be kept in mind, namely the charge, the nature of evidence by which it is supported and the punishment to which the party would be liable, if convicted. At the time of deciding a bail application, a detailed discussion of evidence, so collected and produced by the prosecution is to be avoided as it may cause prejudice either to the case of the prosecution or to the case of the bail petitioner. As already stated supra, the investigation, in the case at hand, is complete. No further recoveries are to be affected from the petitioners. 8. In the aforesaid facts and attending circumstances, respondent/State submits that nothing has to be recovered from the bail petitioners and neither is their custodial interrogation warranted in the facts and circumstances of the case. 9. Learned Addl. Advocate General submits that the bail petitioners had been cooperating, in the case at hand, and had participated regularly in the investigation. The purpose of bail is to secure the presence of accused at the trial. 3 10. Punishment begins after conviction. Every man is deemed to be innocent until duly tried and duly found guilty. 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 11. The petitioner is a permanent resident of Village Manjholi, P.O. Manjholi, Tehsil Nalagarh, District Solan, H.P. and the respondent-State has not expressed any apprehension of the petitioner fleeing from justice. In any case, the petitioner can be put to terms for the purpose of safe, secure and un-obstructed completion of trial. 12. As per the status report, criminal antecedents insofar as the present bail petitioner is concerned have been highlighted. He stated to be facing trial in eight cases. Suffice it to state that insofar as these cases are concerned, there is a presumption of innocence which exits in favor of the present petitioner. No adverse material has been placed on record by the prosecution, wherefrom it can be deduced that the bail petitioner would not turn up for trial. 13. Accordingly, the bail application is allowed and interim order dated 02.09.2025 is confirmed, subject to following conditions:- 4 (i) that the petitioner will appear before the Court and the Investigating Officer whenever required ; (ii) that he will 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 any facts to the Court or the police; (iii) that he will not tamper with the prosecution evidence nor he will try to win over the Prosecution witnesses or terrorize them in any manner; (iv) that he will not deliberately and intentionally act in a manner which may tend to delay the investigation or the trial of the case; (v) that he will not leave India without prior permission of the Court; & (vi) Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card,Telephone Number, Email, PAN Card, Bank Account Number, if any. 14. In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an opinion on the merits of the matter. Learned trial Court shall 5 decide the matter without being influenced by above observations. 15. With the aforesaid observations, the present petitions stand disposed of, so also the pending miscellaneous applications, if any. Downloaded copy of this judgment is valid for compliance. (Bipin Chander Negi) Judge 13th November, 2025 Susheel 6