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2026 DAILYLAW 824 (HP)

ROHIT v. STATE OF HP

/114/2026 · 2026-02-24

Romesh Verma

body2026

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No.114 of 2026 Decided on: 24.02.2026 Rohit ….Petitioner Versus State of Himachal Pradesh ...Respondent Coram Hon’ble Mr. Justice Romesh Verma, Judge Whether approved for reporting? For the petitioner: Mr. Peeyush Verma, Senior Advocate with Mr. Ajay Kumar Sharma, Advocate. For the respondent: Mr. Baldev Singh Negi, Additional Advocate General. Romesh Verma, Judge (Oral) The petitioner has approached this Court for grant of anticipatory bail. The petitioner has earlier approached the Court of learned Additional Sessions Judge, Kullu, District Kullu, H.P., who vide its order dared 22.01.2026 dismissed the application for grant of anticipatory bail. 2. This Court on 28.01.2026 had passed the following order: “Notice. Mr. P.K. Nadda, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent. 2. The applicant/petitioner has filed the present bail application for seeking pre- arrest bail in respect of case FIR No. 18 of 2 2026, dated 16.01.2026, under Sections 132, 121(1), 352, 351(2) read with Section 3(5) of BNS, registered at Police Station Sadar Kullu, District Kullu, H.P. 3. Before approaching this Court, the applicant had filed the bail application before learned trial Court and vide order dated 22.01.2026, learned Additional Sessions Judge Kullu, District Kullu, H.P. has dismissed the bail application on the ground that the investigation of the case is at the initial stage and the applicant is not joining the investigation. Further more, the record shows that the allegations against the applicant are very serious, as he threatened and obstructed public servant from discharging their official duty and assaulted them during the discharge of their official duty. 4. As per the pleadings in the bail application, the petitioner has submitted that he is an innocent person and has not committed any offence. It has further been submitted in the application that similar allegations against one Sh. Nirat Ram, who has been let off by merely issuing notice under Section 35(3) of BNS. 5. It has also been submitted that no case has been registered against the applicant and he has not earlier involved in any criminal case. 6. Keeping in view the fact that the petitioner has not joined the investigation as is revealed 3 from the order under challenge, at this stage, the petitioner is directed to join the investigation and cooperate with the investigating agency. 7. The petitioner undertakes to join the investigation and keeping in view the undertaking given by learned Senior Counsel, representing him, in the event of his arrest, the applicant will be enlarged on bail on furnishing personal bond in the sum of Rs. 50,000/- with one surety of the like amount, to the satisfaction of the Arresting Officer. 8. The petitioner shall join the investigation as and when called by the investigating official and further he will not dissuade any of the witnesses concerned or connected with the commission of alleged offence.” whereby interim protection was given to the petitioner. Thereafter the said order was extended on 13.02.2026. 3. The Investigation Officer of the case HC Ramchander No.443, Police Station, Kullu, is present in the Court. He states that the petitioner has joined the investigation and he is cooperating with the investigating agency. The investigation of the case is complete and the challan in the Court shall be presented very soon. 4. Taking into consideration the entirety of facts and circumstances of the case, interim order dated 28.01.2026 and 4 extended on 13.02.2026 is made absolute, subject to following conditions. (i) The applicant will join the investigation of the case, as and when, called for, by the Investigating Officer, in accordance with law; (ii) That the applicant will not leave India, without prior permission of the Court; (iii) 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 (iv) 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; (v) The petitioner will not leave the present address for a continuous period of seven days without furnishing the address of the intended visit to the SHO concerned, the Police Station concerned and the Trial Court. (vi) The petitioner will surrender his passport, if any, to the Court; and (vii) The petitioner will furnish his mobile number and social media contact to the Police and the Court and will abide by the summons/notices received from the Police/Court through 5 SMS/WhatsApp/Social Media Account. In case of any change in the mobile number or social media accounts, the same will be intimated to the Police/Court within five days from the date of the change. 10. 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 application. 11. Petition stands disposed of, so also the pending application, if any. ( Romesh Verma ) Judge February 24, 2026 (vt)