Extracted from the PDF above. The PDF is authoritative.
1 2026:HHC:2338 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP(M) No. 3015 of 2025 Decided on : 7.1.2026 Pankaj Rao
…Applicant Versus State of H.P. …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the Applicant : Applicant in person with Mr. Vijender Katoch, Advocate. For the respondent : Mr. H.S. Rawat and Mr. Mohinder Zharaick, Addl. AGs and Mr. Rohit Sharma, Dy. A.G., assisted by ASI Ashwani Kumar, Police Station,
Jhandutta, Bilaspur, H.P. Virender Singh, Judge The applicant has filed the present application, under Section 482 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) in case FIR No. 110 of 2025, dated 29.10.2025, registered under Sections 109, 332 C, 115(2), 351(2), 324 (4) and 3(5) of the Bharatiya Nyaya Sanhita 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2026:HHC:2338 (hereinafter referred to as ‘the BNS’), with Police Station, Jhandutta, District Bilaspur, H.P.
2. By way of the present application, the applicant has sought the indulgence of this Court to direct the Investigating Officer/Police, to release him on bail, in the event of his arrest, in the above- mentioned case, as, he is apprehending his arrest, in the said case. 3. According to the applicant, he is innocent person and has no concern whatsoever with the crime in question and the Police could not collect any evidence to connect the applicant with the crime in question. 4. Apart from the present case, eight other cases are stated to have been registered against the applicant. 5. On the basis of above facts, Mr. Vijender Katoch, Advocate has given certain undertakings, on behalf of the applicant, for which, he is ready to abide
3 2026:HHC:2338 by, in case, directions are issued to the Police/I.O., under Section 482 of the BNSS. 6. On the basis of above facts, applicant has sought the relief, as claimed in the present bail application. 7. When, put to notice, the Police has filed the status report, disclosing therein, that on 29.10.2025, ASI Ashwani Kumar, alongwith other police officials, had visited the spot, i.e. Thakur Service Station, near Bilaspuri Dham, Jhandutta. At the spot, complainant Abhay Chandel was found lying in injured condition. He was taken to CHC, Jhandutta, where his medico- legal examination was conducted and final opinion was deferred, till receipt of the NCCT Head.
7.1 Complainant
Abhay
Chandel made statement under Section 173 of BNSS, disclosing therein that he is resident of village Balghad and is driver by profession. On 29.10.2025, at about 12:15 p.m., he alongwith his mother Anita Devi and aunt Pushpa Devi, was on the way to Jhandutta, in his car
4 2026:HHC:2338 No. HP89-4460 (Alto Car). The mother of the complainant de-boarded the car near Police Station, Jhandutta and the aunt of the complainant de- boarded the car in Jhandutta market. Thereafter, the complainant took the car for washing to Thakur Service Station, near Bilaspuri Dham, where one car was already parked for washing, due to which, complainant parked his car in the courtyard of the service station. 7.2 Thereafter, the complainant went inside the Service Station. At about 12:45 p.m, two young men, working in the Service Station, came inside the room. The complainant was having acquaintance with those persons. One of them was Pankaj Rao (applicant) and the other person was Manish Kumar. Applicant Pankaj Rao was empty handed, whereas, Manish Kumar was having hockey in his hand. Both of them threatened the complainant, as, according to them, he has given false statement and attacked him. 5 2026:HHC:2338 7.3 As per the further statement of the complainant, applicant Pankaj Rao gave fist blows on the face of the complainant, whereas, Manish Kumar inflicted two hockey blows on the head of the complainant and one hockey blow on his right eye. Both of them had inflicted the injuries to the complainant with the intention to kill him. When, the complainant screamed, one Praveen Kumar, came there. Thereafter, both of them had left the room. Due to the injuries, his vision became blurred and he stayed inside the room. 7.4 At the relevant time, he heard the noise of cracking something in the car, upon which, Praveen Kumar told him that while leaving the spot, the assailants had damaged his car.
When, the complainant came out, he has noticed that his car has been damaged by applicant Pankaj Rao and Manish Kumar and fled away from the spot. 7.5 On the basis of above facts, he has prayed that action be taken against the accused persons,
6 2026:HHC:2338 upon which, Police registered FIR under Sections 109, 332 C, 115(2), 351(2), 324(4) and 3(5) of the BNS. Criminal machinery swung into motion. 7.6 On 29.10.2025, at the instance of complainant, the spot was visited. Spot map was prepared. Photographs were clicked. Complainant Abhay Chandel produced the vehicle No. HP 89-4460 before the Police, which was also taken into possession, alongwith documents. Statements were recorded under Section 180 of the BNSS. CT scan was conducted. Report was received on 31.10.2025. On the basis of report, injuries No. 1 to 3 on the person of the injured were declared as simple, caused by blunt weapon, whereas, nature and location of the injuries have been declared such that the same might have endangered the life of individual.
7.7 Apart from the present case, following cases are stated to have been registered against the applicant:
7 2026:HHC:2338 i) FIR No. 165/2016, dated 24.10.2016, dated 341, 323 506 and 34 IPC, registered with Police Station, Ghumarwin, District Bilaspur, H.P.; ii) FIR No. 201 of 2018, dated 18.11.2018, registered under Sections 341, 323, 506 read with Section 34 IPC, which is pending adjudication; iii) FIR No. 143 of 2021, dated 16.7.2021, under Sections 21 of the NDPS Act, which is pending adjudication; iv) FIR No. 226 of 2021, dated 15.10.2021, under Sections 147, 149, 323 and 506 IPC, in which the applicant has been acquitted; v) FIR No.226 of 2021, dated 15.10.2021, under Sections 323, 506, 504 read with Section 34 IPC, in which, the applicant has been acquitted; vi) FIR No. 103 of 2017, dated 10.5.2017, under Sections 21 and 29 of the NDPS Act, which is pending adjudication; vii) FIR No. 109 of 2023, dated 27.7.2023, under Sections 341, 323, 506, 201, 427, 34 IPC, registered with Police Station, Barmana, which is pending adjudication; viii) FIR No. 50 of 2025, dated 9.4.2025, under Sections 39(1)(A) of the HP Excise Act, which is pending adjudication. 7.8 On the basis of above facts, a prayer has been made to dismiss the application. 8. After perusing the status report, interim protection was granted to the applicant, as plea of
8 2026:HHC:2338 compromise has also been taken by learned counsel for the applicant. In order to buttress his contention, photo copy of the compromise has been annexed with the petition, as Annexure P-3, and the matter has been fixed for 31.12.2025. 9. On 31.12.2025, supplementary status report has been filed, according to which, the applicant joined the investigation and produced Car No. 82-5406 alongwith spade. 10. Lastly, it has been mentioned that nothing is to be recovered from the applicant. Thereafter, the matter was adjourned for today. 11.
Today, the police filed the status report, disclosing therein about the factum that the applicant has joined the investigation and has been released on bail. Not only this, the factum of compromise has also been re-asserted in the status report. 12. Heard. 13 The Police has not been able to make out a case for custodial interrogation, in the present case. 9 2026:HHC:2338 The applicant has joined the investigation and as per the status report, so filed, before this Court, nothing is to be recovered from him. Moreover, considering the factual position, with regard to compromise, which has taken place, between the parties, this Court is of the view that no useful purpose would be served by keeping the applicant in judicial custody or police custody. 17. So far as the registration of the other cases against the applicant, is concerned, admittedly, in none of the cases, the applicant has been convicted by the competent Court of law. Moreover, the Police has not made any efforts to get the bail of the applicant cancelled, by moving appropriate application. 18. Moreover, the applicant is permanent resident of District Bilaspur, as such, it cannot be apprehended that in case, interim order, dated 24.12.2025, is made absolute, he may not be available for trial. 10 2026:HHC:2338
19. Considering all these facts, the interim order dated 24.12.2025, passed by this Court, is hereby made absolute. Therefore, it is ordered that the applicant be released on bail, in the event of his arrest, in case FIR No. 110 of 2025, dated 29.10.2025, registered with Police Station, Jhandutta, District Bilaspur, H.P. under Sections 109, 332(c), 115(2), 351(2), 324(4) and 3(5) of the BNS, on his furnishing personal bond, in the sum of 5 ₹ 0,000/-, with one surety of the like amount, to the satisfaction of the Investigating Officer.
This order, however, shall be subject to the following conditions : a) That the applicant will join the investigation of the case, as and when, called for, by the Investigating Officer, in accordance with law; b) That the applicant will not leave India, without prior permission of the Court; c) That the applicant 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 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. 11 2026:HHC:2338
20. 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 applications. 21. 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. (Virender Singh) Judge January 7, 2026 Kalpana