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Himachal Pradesh High Court · body

2026 DAILYLAW 16655 (HP)

Noor Mohammad @ Lali v. State of H. P.

2026-03-12

Virender Singh

body2026
JUDGMENT : Virender Singh, J. The applicant 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 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. 2. The applicant has pleaded the fact that he is innocent person and has falsely been implicated, in the present case. 3. According to the applicant, Police could not collect any evidence to connect him with the crime in question. 4. Applicant Noor Mohammad has tried his luck, by moving bail application, before the learned Additional Sessions Judge, Sirmaur District at Nahan, H.P., however, the same was dismissed, on 27.9.2025. Thereafter, the applicant has approached this Court by way of Cr. MP(M) No. 2559 of 2025, however, the same was dismissed, vide order dated 14.11.2025. 5. By way of Cr. M.P. No. 581 of 2026, the applicant has given the details of the cases, registered against him. 6. The relief has also been sought on the ground of parity as his co-accused namely, Laldeen and Abdul Farukh have already been released on bail, vide order dated 14.11.2025, passed by this Court in Cr. M.P. (M) No. 2397 of 2025, titled as, ‘Lal Deen versus State of H.P. and Cr. M.P.(M) No. 2535 of 2025, titled as, ‘Abdul Farukh versus State of H.P.’ 7. 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. 8. 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 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. 9. 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. 9.1 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. 9.2 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. 9.3 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. 9.4 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). 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. 9.5 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 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. 9.6 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. 9.7 On 26.7.2025, accused 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. 9.8 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. 9.9 Since, the aforesaid vehicle, bearing registration No. HP01C-2812 was found to have been registered in the name of Abdul Farukh, as such, both Abdul Farukh and Laldeen were arrested on 27.7.2025. 9.10. 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. 9.11 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. 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. 9.12 On 14.7.2025, the applicant and his co- accused, alongwith aforesaid Barkatu @ Ali are stated to have returned 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. 9.13 Accused Laldeen is stated to have handed over his share to Abdul Farukh. Statement of Abdul Farukh was recorded under Section 23 of BSA. 9.14 On 31.7.2025, accused 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 544.63 grams. All the aforesaid jewellery was taken into possession. 9.15 Thereafter, 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. 9.16 On 31.7.2025, Laldeen and applicant 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. 9.17 On 5.8.2025, Abdul Farukh also got recovered ornaments of his share. Accused Barkatu @ Ali has yet not been arrested. 9.18 Lastly, it has been submitted that investigation, against the applicant and his co- accused, is complete and against applicant 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. 10. On the basis of above facts, a prayer has been made to dismiss the application. 11. 10. On the basis of above facts, a prayer has been made to dismiss the application. 11. Investigation, in the present case, is complete, as, it is the specific case of the Police that after completion of investigation, charge sheet has been filed, in the competent Court of law. Meaning thereby, the applicant is no longer required for interrogation by the Police. 12. So far as registration of 32 cases against the applicant is concerned, there is nothing on record to suggest that in any of the cases, he has been convicted by the competent Court of law, nor any efforts have been made by the Police to get the bail cancelled, in this case, by moving the appropriate application. Even otherwise, on account of registration of 32 cases, applicant cannot be kept in judicial custody, that too, for indefinite period, as the same amounts to pre-trial punishment, which is prohibited, under the law. The applicant is in judicial custody since 31.7.2025 and chances of conclusion of trial against the applicant are not so bright in near future. 13. Moreover, on the ground of parity, the applicant is entitled to be released on bail, as, his co- accused namely Laldeen and Abdul Farukh have already been released on bail, by this Court, vide order dated 14.11.2025, passed in Cr.M.P. (M) Nos. 2397 of 2025 and 2535 of 2025. 14. Considering all these facts, the application is allowed and applicant is 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 his furnishing personal bonds in the sum of Rs. 50,000/-, with two sureties, each, in the like amount, to the satisfaction of the learned trial Court. 15. 50,000/-, with two sureties, each, in the like amount, to the satisfaction of the learned trial Court. 15. 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 the 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. 16. 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. 17. It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions is found violated by the applicant. 18. The Registry is directed to forward a soft copy of the bail order to the Superintendent of District Jail, Kaithu, Shimla, through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 19. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of District Jail, Kaithu, Shimla is directed to inform this fact to the Secretary, DLSA, Shimla. The Superintendent of District Jail, Kaithu, Shimla 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.