1  ( 2025:HHC:38399 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP(M) No.2099 of 2025 Reserved On: 03.11.2025 Date of Decision:-14.11.2025 Jasmeet Singh …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. N.S. Chandel, Senior Advocate, with Mr. Sidharth, Advocate. For the Respondent : Mr. Rohit Sharma, Deputy Advocate General. Virender Singh, Judge By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), applicant-Jasmeet Singh has sought his release, on bail, during the pendency of the trial, arising out of FIR No.73 of 2023, dated 07.03.2023, registered under Sections 302 of the Indian Penal Code (hereinafter referred to as ‘IPC’), with Police Station, Nalagarh, District Solan, H.P. 1 Whether reporters of Local Papers may be allowed to see the judgment? 2  ( 2025:HHC:38399 ) 2. According to the applicant, he is innocent person and has been falsely implicated in this case. 3. It is the case of the applicant that the investigation, in the present case, is stated to be completed, as the charge sheet has been filed in the competent Court of law. 4. According to the applicant, he is in judicial custody from the date of his arrest i.e. on 10.03.2023 and the prosecution could not collect any evidence to connect him, with the crime in question. 5. The undue delay in the trial has also been put forward, as one of the grounds to seek bail, as, according to the applicant, out of the 45 witnesses, only 3 witnesses have been examined till date. 6. According to the applicant, he had earlier tried his luck by moving similar bail applications, before this Court. However, the same were dismissed as withdrawn, vide orders dated 23.05.2025 and 30.07.2025. 7. The learned senior counsel for the applicant, has given certain undertakings on behalf of the applicant, for which, the applicant is ready to abide by, in case, he is 3  ( 2025:HHC:38399 ) ordered to be released on bail, during the pendency of the trial. 8. On the basis of the above facts, 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 01.03.2023, at about 4:15 PM, a telephonic information was received at Police Post Joghon that on Padiana Kulhadi Link Road, one person is lying unconscious, upon which, HC Teja Singh No.51, along with other police officials, reached at the spot. Thereafter, he has informed ASI Harjeet Singh, IO Police Post Joghon, who also reached there at the spot. At the spot, one person was found lying dead in gorge. On the side of the road, a truck, bearing registration No.HP11C-8123 was found parked. On the basis of mobile number, written on the truck, the truck owner Mansa Ram son of Jagan Nath was contacted, on his mobile phone number 88949-87975, who disclosed that he is the owner of the truck and Anil alias Vicky has been engaged, as driver, on the said truck. On 27.02.2023, after loading clinker from Bagha, he had gone towards Bagheri. 4  ( 2025:HHC:38399 ) 9.1. As per status report, the police was trying to contact him, but the said person was not attending the phone. On the GPS location of the mobile phone, the same was found to be at Bhageri. Truck owner also provided the mobile number of the family members of Anil alias Vicky, who were informed. The dead body of Anil alias Vicky was identified by his father, brother and other relatives. 9.2. The forensic expert visited and inspected the spot minutely. The physical evidence from the spot was also collected and was taken into possession. The postmortem examination of the dead body of Anil alias Vicky was conducted. As per the report of the Medical Officer, the cause of death, as per the provisional opinion of the doctor is due to Asphyxia due to strangulation (unnatural). However, the doctor has deferred his final opinion, till the report of the RFSL Junga. 9.3. On the basis of report of the Medical Officer, it has been found that some unknown person has killed Anil alias Vicky, as such, a case under Section 302 of IPC was registered. 5  ( 2025:HHC:38399 ) 9.4. During investigation, ASI Harjeet Singh, visited the spot and spot map was prepared. The statements of witnesses under Section 162 Cr.P.C., were recorded. The CCTV footage of the cameras, installed in the area was checked. It has been found that on 28.02.2023, at about 11:35 PM, a truck was moving from Bhageri side, which was, thereafter, parked near Peeple tree (Sacred fig). Some movement was also found, at about 11:35 PM, in the CCTV footage. At about 11:41 PM, a dim light was found, which seems to be the light of the mobile phone. Thereafter, at about 11:45 PM, another truck was found coming from Bhageri side which turned towards the other side. In the light of the said truck, the truck in question was found to be still parked there. 9.5. During the course of investigation, when, record of the place, where clinker was loaded, was checked, it was found that Anil alias Vicky on 28.02.2023, came there, along with Truck No.HP11C-8123 and parked the same at about 10:15 AM. 9.6. On the same day, at about 9:40 AM, the said truck was found coming from Swarghat to Dehni side. 6  ( 2025:HHC:38399 ) Thereafter, the CCTV footage of the cameras, installed in Bhageri Toll barrier were checked. On checking, it was found that at about 10:29 AM, deceased Anil Kumar alias Vicky came to truck parking at Bhageri on the motorcycle and at about 11:02 AM, he returned back on the same motorcycle. At about 1:13 PM, Anil Kumar alias Vicky came there, again after changing his wearing apparels and at about 1:17 PM, his motorcycle was found moving towards Dehni Missewal. The CCTV footage was taken into possession. 9.7. During investigation on 09.03.2023, the CCTV footage collected by the police and Cyber Team was analysised and deceased Anil Kumar alias Vicky on 28.02.2023, at about 6:04 PM, was found coming from Bharatgarh to Ghanoli on motorcycle with a pillion rider. At about 6:13 PM, he was found returning back to Kiratpur. The CDRs of the mobile phone of Anil Kumar alias Vicky were also analysed. 9.8. As per the CDRs of the mobile phone number of deceased Anil Kumar alias Vicky bearing No.8352005212, it was found that on 28.02.2023, the deceased had contacted 7  ( 2025:HHC:38399 ) on 15 mobile phone numbers. The location of Mobile Phone No.7696820192 was found with the location of mobile phone number of the deceased. The location of both these mobile phone numbers on 28.02.2023, at 14:16:54, during the day time, was found to be Nangal and at about 18:41:16 and 18:42:51, the location of both the mobile numbers were found to be in Kiratpur. The location of the mobile phone No.7696820912, at about 12:11 AM, was found to be at Kiratpur (Punjab). 9.9. On the basis of the statement of Sita Ram and the analysis of CDRs and the photographs found in the mobile of the deceased, the said person was found to be Jasmeet Singh (applicant). 9.10. Applicant-Jasmeet Singh was arrested on 10.03.2023. He was medico legally examined. During police custody, applicant allegedly disclosed that Anil Kumar alias Vicky has created a facebook ID and he used to have obscene chat with his sister Taranjeet Kaur alias Ruby, due to which, the maital life of his sister get disturbed and her husband had threatened to divorce her. Due to this fact, he 8  ( 2025:HHC:38399 ) has made a plan to take revenge from Anil Kumar alias Vicky. 9.11. On 28.02.2023, the wearing apparels of the accused (applicant) was taken into possession. His motorcycle bearing Registration No.PB16D-4251 was also taken into possession. On 28.02.2023, CCTV footage of the liquor vendor at Ghanoli (Punjab) was also taken into possession. The truck No.HP11C-8123 was also taken into possession. The physical evidence, so collected, by the police was sent to SFSL Junga. 9.12. As per the supplementary status report, filed on 25.09.2025, data could not be retrieved from the mobile phone of deceased Anil Kumar alias Vicky, as the expert could not unlock the pin. No other case was found to be registered against the applicant. 10. On the basis of the above facts, a prayer has been made to dismiss the application. 11. Whatsoever, alleged against the applicant is based upon the alleged revolution made by him, during the custody. The evidenciary value of the same would be considered by the learned trial Court, during the trial and 9  ( 2025:HHC:38399 ) considering the stand of the police, which has been taken in the status report, filed on 25.09.2025, the mobile phone of the deceased could not be unlocked by the expert, this Court is of the view that the role attributed to the applicant, in the alleged crime, would be proved during the trial. 12. The investigation, in the present case is stated to be complete and the custodial interrogation of the applicant, is no longer required by the police. 13. Moreover, keeping in view of the age of the applicant, which has been pleaded as 20 years, in the status report, this Court is of the view that keeping the applicant in the judicial custody at the tender age of 20 years, that too, in the company of the hardened criminals would adversely affect his future. 14. Merely, the applicant is the resident of Punjab is too short to decline the relief to the applicant, as in order to secure the presence of the applicant, during the trial, reasonable conditions can be imposed, in case, the bail application is allowed. 15. The applicant is in judicial custody from 10.03.2023 till date. As per the status report, filed on 10  ( 2025:HHC:38399 ) 26.09.2025, the charge sheet, in this case has been filed in the Court of learned Additional Sessions Judge, Nalagarh, 6 PWs have been examined and the case is now listed for PWs on 16.01.2026. 16. Considering the pace of the trial, this Court is of the view that there are total 45 witnesses, certainly, the conclusion of trial against the applicant will take sufficient long time, as such, there is no legal justification to keep him in the judicial custody. 17. Considering the entire facts, as discussed above, this Court is of the view that the applicant is able to make out a case for releasing him on bail, during the pendency of the trial. 18. Considering all these facts, this Court is of the view that the present bail application is liable to be allowed and is accordingly allowed. 19. Consequently, the applicant is ordered to be released, on bail, in case FIR No.73 of 2023, dated 07.03.2023, registered under Section 302 of IPC, with Police Station Nalagarh, District Solan, H.P., on his furnishing personal bond in the sum of Rs.50,000/-, with 11  ( 2025:HHC:38399 ) two sureties of the like amount, to the satisfaction of the learned trial Court. 20. 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. 21. 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. 22. 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. 23. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Sub Jail 12  ( 2025:HHC:38399 ) Nalagarh, District Solan, Himachal Pradesh, through e-mail, with a direction to enter the date of grant of bail in the e- prison software. 24. 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 Nalagarh, District Solan, Himachal Pradesh, is directed to inform this fact to the Secretary, DLSA, Solan. The Superintendent of Jail, Sub Jail, Nalagarh, District Solan, 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. 25. Record be returned. (Virender Singh) Judge November 14, 2025 (subhash) PRADEEP Digitally signed by PRADEEP Date: 2025.11.14 17:00:39 +0530