Extracted from the PDF above. The PDF is authoritative.
2026:HHC:37900 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr. MP(M) No. 1302 of 2026 Decided on : 07.09.2026 Kamla Devi
…Applicant Versus State of Himachal Pradesh …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting? For the applicant : Mr. Mohit Dogra, Advocate. For the respondent : Mr. Mohinder Zharaick, Mr. H.S. Rawat, Additional Advocates General, with Mr. Rohit Sharma, Deputy Advocate General, assisted by SI Joginder Singh, Police Station Bangana, District Una, H.P. Virender Singh, Judge (Oral) ApplicantKamla Devi has filed the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for releasing her, on bail, during the pendency of the trial, arising out of FIR No. 66/2024 dated 11.07.2024, registered under Sections 103(1), 115(2), 332(c), 328(3) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023
2 2026:HHC:37900 (hereinafter referred to as the BNS), with Police Station Bangana, District Una, H.P.
2. According to the applicant, she is innocent person and has falsely been implicated, in the present case, at the instance of the complainant.
3. According to the applicant, she is an old ailing lady, aged about 60 years and having various health issues. The investigation, in the present case, is stated to be complete and according to her, she has nothing to do with the alleged offence, for which, she has been arrested by the police, in the present case.
4. The applicant has earlier tried her luck by moving bail application No. 403 of 2024, before learned Additional Sessions JudgeII Una, H.P., however, her application was dismissed on 18.12.2024.
5. According to the applicant, the chances of conclusion of trial against her in near future, are not so bright and as such, no fruitful purpose would be served by keeping her in the judicial custody.
6. The applicant has also tried her luck by moving
3 2026:HHC:37900 similar bail application bearing Cr. MP(M) No. 60 of 2025, before this Court, which was dismissed as withdrawn, vide
order dated 25.02.2025. 7. Apart from this, the applicant has given certain undertakings, for which, she is ready to abide by, in case, ordered to be released on bail, during the pendency of the trial. 8. On the basis of above facts, Mr. Mohit Dogra, Advocate, appearing for the applicant, has prayed that the bail application be allowed. 9. When, put to notice, the police has filed the status report, disclosing therein, that on 10.07.2024, as per rapat No. 30, Medical Officer CH Bangana, telephonically informed about the admission of a person, who sustained injuries in a scuffle and the said person is stated to be serious. As such, a request was made to send the police, on which, Inspector/SHO Anil Kumar Police Station Bangana, along with other police officials, reached at the spot. 9.1 Thereafter, the MLCs of injured were obtained. As per MLC No. 32 injured Manohar Singh sustained two
4 2026:HHC:37900 injuries and as per MLC No. 31 injured Kashmir Singh sustained three blunt injuries. Final opinion regarding the nature of injuries, has been deferred after radiologist opinion. 9.2 On the spot, injured Manohar Singh son of Baldev Singh, made a statement under Section 173 BNSS, disclosing therein, that they are two brothers and one sister. All are married. His younger brother is Kashmir Singh and his father Baldev Singh is a labourer by profession. He used to reside separately and his father used to reside with his younger brother. 9.3 On 10.07.2024, at about 7:00 pm, he, his father Baldev Singh, his younger brother Kashmir Singh and sisterinlaw Jasvinder Kaur, were working on the passage. Meanwhile, Datta Ram son of Sh. Rattan Singh, who is their neighbour, came there at the spot, and started pelting stones upon them. One stone hit on the head of the complainant and when the father of the complainant Sh. Baldev Singh, objected to, then, Sukhdev Singh, his wife Kamla Devi (applicant) and son Anil Kumar alias Neelu, also
5 2026:HHC:37900 reached at the spot and after entering in their courtyard, started abusing them. Anil Kumar was having a Kassi (big spade) and he had caused injury on the head of Baldev Singh. Consequently, Baldev Singh had fallen on the spot. Kamla Devi (applicant) and Sukhdev Singh were having dandas in their hands and they started beating them.
Anil Kumar, with the help of spade, had inflicted blow on the right hand of the complainant, whereas Anil Kumar alias Neelu, also beaten his brother Kashmir Singh with Kassi. Kamla Devi (applicant) had beaten sisterinlaw of complainant with danda. 9.4 Thereafter, Sukhdev Singh and Anil Kumar alias Neelu, left the spot on scooty, whereas Kamla Devi (applicant) and Datta Ram had gone to their home. Thereafter, injured were brought to the hospital for treatment at Bangana, where his father Baldev Singh, has been declared as dead and Kashmir Singh and Jasvinder Kaur were sent to hospital for treatment. 9.5 According to the complainant, Sukhdev Singh, his brother Datta Ram, his son Anil Kumar alias Neelu and
6 2026:HHC:37900 Kamla Devi (applicant) had beaten the complainant, his brother Kashmir Singh, his sisterinlaw Jasvinder Kaur and his father Baldev Singh, due to the land dispute. Due to the injuries, his father Baldev Singh has expired. As such, a prayer has been made to take legal action against them. 9.6 Upon this, police registered the case under Sections 103(1), 115(2), 332(c), 329(3), 3(5) of BNS and criminal machinery swung into motion. The photographs of the dead body were clicked and after filling forms No. 2535, dead body was sent for postmortem examination. Statements of witnesses were recorded. Team of RFSL Dharamshala reached the spot and preserved the evidence. Videography of the spot was done. 9.7 Accused persons were, thereafter, arrested. During police remand, accused Sukhdev Singh has got recovered the scooty, used by him. After completion of the investigation, the police has filed the chargesheet against all the accused persons. 9.8 The case is now stated to be listed for
7 2026:HHC:37900 prosecution evidence on 25.09.2026, 26.09.2026, 28.09.2026, 29.09.2026 and 30.09.2026. 9.9 On the basis of the above stand, a prayer has been made to dismiss the application. 10. Heard. 11.
The investigation, in the present case, is complete and case is stated to be listed for PWs. More than two years have elapsed and the evidence of the prosecution has not been concluded. 12. Moreover, considering the role attributed to applicantKamla Devi, according to which, as per the statement of complainant, the applicant had caused injury to sisterinlaw of complainant, Jasvinder Kaur, as such, the fatal injury to Baldev Singh, was not caused by the applicant. 13. Even otherwise, the Legislature, in its wisdom, has added the proviso to Section 480(ii) of BNSS, according to which, the Court may release a person on bail, if such person is a child or is a woman or is sick or infirm. 14. Considering all these facts, this Court is of the
8 2026:HHC:37900 view that the bail application is liable to be allowed and is accordingly allowed. 15. Consequently, the applicant is ordered to be released, on bail, during the pendency of trial, arising out of FIR No. 66/2024, dated 11.07.2024, under Sections 103(1), 115(2), 332(c), 329(3), 3(5) of BNS, registered with Police Station Bangana, District Una, H.P. on her furnishing personal bonds in the sum of Rs. 1,00,000/, with two sureties of the like amount, to the satisfaction of the learned trial Court. 16.
This order, however, shall be subject to the following conditions: a) The 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) The applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; c) The 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
9 2026:HHC:37900 d) The applicant shall not leave the territory of India without the prior permission of the Court. 17. 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. 18. It is made clear that respondentState is at liberty to move an appropriate application, in case, any of the bail conditions is found violated by the applicant. 19. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, District Jail Una, H.P., through email, with a direction to enter the date of grant of bail in the eprison software. 20. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, District Jail Una, H.P., is directed to inform this fact to the Secretary, DLSA, Una. The Superintendent of Jail, District Jail Una, H.P., 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
10 2026:HHC:37900 month from today, then, the said fact be submitted to this Court. (Virender Singh) Judge 07th September, 2026 (Pramod Kumar) PRADEEP Digitally signed by PRADEEP Date: 2026.09.07 18:39:05 +0530