1  ( 2026:HHC:1503 ) IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP(M) No.2987 of 2025 a/w Cr.MP(M) No. 2988 & 2989 of of 2025 Reserved on:- 05.01.2026 Date of Decision:06.01.2026 Cr.MP(M) No.2987 of 2025 Sahil Kumar …Applicant Versus State of H.P. …..Respondent _____________________________________________________________ Cr.MP(M) No.2988 of 2025 Gulshan Kumar …Applicant Versus State of H.P. ..Respondent _____________________________________________________________ Cr.MP(M) No.2989 of 2025 Gurpreet Raja …Applicant Versus State of H.P. ..Respondent Coram: The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the applicant(s) : Mr. Vipul Sharda and Mr. Raman Jamalta, Advocates. For the respondent(s) : Mr. Tejasvi Sharma and Mr. H.S. Rawat Additional Advocates General, with Ms. Ranjna Patial and Mr. Rohit Sharma, Deputy Advocates General. 1 Whether reporters of Local Papers may be allowed to see the judgment? 2  ( 2026:HHC:1503 ) Virender Singh, Judge The above-titled bail applications are being disposed of by this common order, as, the applicants have filed these applications, under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘the BNSS’), with a prayer to direct the IO/Police to release them on bail, in case FIR No.114 of 2025, dated 24.10.2025, registered under Sections 332(c), 115(2), 140(4), 117(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’), with Police Station Tahliwal, District Una, H.P. 2. These applications have been filed by the applicants, as, they are apprehending their arrest, in the above titled cases. 3. According to the applicants, they are innocent persons and have falsely been implicated, in this case. 4. According to the applicants, they along with their relatives have been attacked by Jarnail Singh alias Jaila, along with 10-12 unknown persons, when, they were taking their dinner in a Dhaba, situated at village Tahilwal, Tehsil Haroli, District Una, H.P. 3  ( 2026:HHC:1503 ) 5. According to the applicants, investigation in the present case is complete and they are no longer required, by the police, in the present case. 6. The applicants have earlier tried their luck by moving similar bail applications, before the learned Sessions Judge, Una, District Una, H.P., however, their applications were dismissed on 06.12.2025 and 15.12.2025. 7. As per the stand taken in the applications, against applicant-Gulshan Kumar, following two cases, have been registered against him:- (i) FIR No.133 of 2024, dated 20.10.2024, under Sections 126(2), 115(2) & 3(5) of BNS, registered with Police Station Haroli, District Una, H.P. (ii) FIR No.18 of 2025, dated 13.01.2025, under Sections 126(2), 115(2), 117(2) and 3(5) of BNS, 2023, registered with Police Station Una, H.P. In the above cases, he has not been convicted by the competent Court of law. 8. 8. So far as applicant-Sahil Kumar is concerned, following three cases, have been registered against him:- (i) FIR No.133 of 2024, dated 20.10.2024, under Section 126(2), 115(2) & 3(5) of BNS, registered with Police Station Haroli, District Una, H.P. 4  ( 2026:HHC:1503 ) (ii) FIR No.18 of 2025, dated 13.01.2025, under Section 126(2) 115(2), 117(2) and 3(5) of BNS, registered with Police Station Una, H.P. (iii) FIR No.127 of 2025, dated 24.07.2025, under Sections 74, 79, 356 & (3)(5) of BNS, registered with Police Station Haroli, District Una, H.P. According to him, he has not been convicted by the competent Court of law, in any of the cases. 9. So far as applicant-Gurpreet Raja is concerned, following three cases, have been registered against him:- (i) FIR No.133 of 2024, dated 20.10.2024, under Section 126(2), 115(2) & 3(5) of BNS, registered with Police Station Haroli, District Una, H.P. (ii) FIR No.18 of 2025, dated 13.01.2025, under Section 126(2) 115(2), 117(2) and 3(5) of BNS, registered with Police Station Una, H.P. (iii) FIR No.127 of 2025, dated 24.07.2025, under Sections 74, 79, 356 & (3)(5) of BNS, registered with Police Station Haroli, District Una, H.P. In the above cases, he has not been convicted by the competent Court of law. 10. On the basis of the above facts, Mr. Vipul Sharda and Mr. Raman Jamalta, Advocates, have given certain undertakings, on behalf of the applicants, for which, they are ready to abide by, in case, any direction is issued to the IO/Police of Police Station, Tahliwal, under Section 482 of BNSS. 5  ( 2026:HHC:1503 ) 11. On the basis of the above facts, a prayer has been made to allow the applications. 11.1. When, put to notice, the police has filed status report, disclosing therein, that on 23.10.2025, Mukesh Kumar, owner of Mitran-Da-Dhaba, telephonically informed the police that some persons are quarreling in his Dhaba, upon which, ASI along with Constable Jaswant Singh and other police officials, reached at the spot. On the spot, it has been apprised to the police that a quarrel had taken place and injured Sukhwinder and Harjinder were taken to Civil Hospital, Haroli, for treatment, whereas, Jarnail Singh was taken away by Gurpreet Singh (Raja) and Gulshan along with his companion in his vehicle No.HP-80B-2003 towards Haroli side. 11.2. Upon this, the police proceeded to Civil Hospital Haroli and on the way at about 11:30 PM, when, police reached at Ram Mandir, Palakwah, then, they noticed two persons in an injured condition, lying there, who were taken to Civil Hospital Haroli, where, Jarnail Singh, Harjinder Singh and Sukhwinder Singh, were medico legally examined. Medical Officer declared Harjinder Singh and Sukhwinder Singh fit for making the statements, upon which, injured 6  ( 2026:HHC:1503 ) Harjinder Singh made a statement under Section 173 of BNSS, disclosing therein, that he is resident of village and Post Office Nangal Khurd, Teshil Haroli, and driver by profession. 11.3. According to him, on 23.10.2025, he, along with his friends Sukhwinder Singh and Jarnail Singh, had gone to Nangal Khurd, in order to attend the marriage of his friend Saurav. At about 10:00-10:15 PM, when, they left the marriage function and reached at Mitran-Da-Dhaba to have their meal, then, Gurpreet Singh alias Raja, along with his brother Gulshan and others, came there and started beating them, with Dandas and other weapons without any cause. Due to these beatings, complainant sustained injuries over his head and other parts of the body. Sukhwinder Singh also sustained injuries on his arm and other parts of the body, whereas, Jarnail Singh was taken away forcibly by beating him, in Car No.HP80B-2003. Complainant and Sukhwinder were saved by Deepak Kumar and Gurjinder, when, they were being taken to Civil Hospital Haroli, then, on the way near Ram Mandir, Palakwah, Jarnail Singh was found lying unconscious. 11.4. In the meanwhile, Rakesh Keshi, Up Pradhan, Gram Panchayat, Bathari, reached there and police also came 7  ( 2026:HHC:1503 ) there and took them to Civil Hospital Haroli. On the basis of the above facts, police registered the case and criminal machinery swung into motion. 11.5. On 24.10.2025, spot map was prepared at the instance of complainant Harjinder Singh, and the weapons of offence on the spot were also taken into possession. Those weapons of offences were identified by complainant. On 24.10.2025, the spot near Ram Mandir, Palakwah was also visited and spot map was prepared. Statements of the witnesses were recorded, under Section 180 of BNS. 11.6. On 25.10.2025, injured Jarnail Singh, made a statement and also produced the blood stained shirt, which, he had worn at the time of incident. In addition to this, the police has also given details of the cases, registered against the applicants. 11.7. On the basis of the above facts, following apprehensions have been expressed, in the status report, which has been filed on 22.12.2025:- (i) There is lot of resentment, due to the crime committed, by the applicants. (ii) The applicants are very clever and influential persons and in case of bail, they may coerce the witnesses and may also temper with the evidence. (iii) The applicants may not be available for the trial. 8  ( 2026:HHC:1503 ) (iv) They may again commit the similar offence. (v) The blood samples and urine samples, were sent to RFSL Junga, from where, result is still awaited. 11.8. On the basis of the above facts, interim protection was granted to the applicants and matter has been adjourned for 29.12.2025. On 29.12.2025, status report has not been filed and the matter has been adjourned for 05.01.2026. 11.9. On 05.01.2026, the supplementary status report filed, disclosing therein, that nothing is to be recovered, in this case. However, it has been submitted that they have not joined the investigation. 12. Apart from this, the apprehensions, which have been expressed, in the earlier status report, as reiterated, as such, a prayer has been made to dismiss the applications. 13. Considering the stand of the police, nothing is to be recovered from the applicants, this Court is of the view that the police is not able to make out a case for custodial interrogation. 14. So far as the criminal history of the applicants is concerned, admittedly, in the cases registered against them, the competent Court of law has not passed the judgment of conviction against them, nor, any efforts have been made by 9  ( 2026:HHC:1503 ) the police to get the bail cancelled, in those cases, by moving the appropriate applications. 15. The applicants are permanent residents of District Una, as such, it cannot be apprehended that in case, the interim order, dated 22.12.2025, passed in all the three cases is made absolute, they may not be available for trial. 16. So far as the apprehensions, which have been expressed, by the police, in the status reports are concerned, for those apprehensions, reasonable conditions can be imposed, in case, interim orders are made absolute. 17. Moreover, the condition to join the investigation, as and when, directed by this Court, can be imposed them. 18. Considering all these facts, the applicants are able to make out a case for allowing the applications in their favour. 19. Consequently, interim order, dated 22.12.2025. passed in all the three applications, are made absolute and the applicants are ordered to be released on bail, in case FIR No.114 of 2025, dated 24.10.2025, registered under Sections 332(c), 115(2), 140(4), & 3(5) of the Bharatiya Nyaya Sanhita, 2023, with Police Station, Tahliwal, District Una, H.P., subject to their furnishing personal bonds 10  ( 2026:HHC:1503 ) in the sum of Rs.50,000/- each, with one surety each, in the like amount to the satisfaction of the Investigating Officer. 20. This order, however, shall be subject to the following conditions:- a) That the applicants will join the investigation of the case, as and when, called for, by the Investigating Officer, in accordance with law; b) That the applicants will not leave India, without prior permission of the Court; c) That the applicants 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 such facts to the Investigating Officer or the Court; and d) That the 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 appropriate application. 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 applications. 22. It is made clear that the respondent-State is at liberty to move appropriate applications, in case, any of the bail conditions is found violated by any of the applicants. 11  ( 2026:HHC:1503 ) 23. Copy of this order be placed in the connected case file i.e. Cr.MP(M) Nos.2988 & 2989 of 2025. (Virender Singh) Judge January 06, 2026 (subhash)