Himachal Pradesh High Court
___________________________________________________ vs State Of Himachal Pradesh And Another on 6 August, 2025
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
Cr.MP(M) No. 1310 of 2025
Decided on 6th August, 2025
___________________________________________________
Jaskaranpreet Singh ........... petitioner
Versus
.
State of Himachal Pradesh and another
..........respondent
____________________________________________________
Coram:
Hon'ble Mr. Justice Bipin Chander Negi, Judge
Whether approved for reporting? 1
For the petitioner : Mr. Sunny Rawat, Advocate.
For the respondent :
Mr. Manish Thakur, Deputy
Advocate General.
____________________________________________________
Bipin Chander Negi, Judge (oral)
The present anticipatory bail petition has been filed
under Section 482 of the BNSS for grant of anticipatory bail, in
FIR No.96 of 2024, dated 28.08.2024, registered at Police
Station, Haroli, District Una, H.P., under Sections 310 (2), 310(5),
126(2), 351(3), 238 of the BNS, 2023.
2. I have heard learned counsel for the parties. Perused
the record and the status report.
3. The FIR in the case at hand was registered on the
basis of a complaint dated 27.08.2024 filed by one Avtar with
SHO Police Station, Haroli. In the complaint, it is alleged that on
26.08.2024 at about 6.00 A.M. Avtar (complainant) was travelling
on his motorcycle to Jajon. A kilometer beyond a place called
Polian, six persons on two motorcycles had waylaid him.
Whether the reporters of the local papers may be allowed to see the judgment?
4. One of the six, who was wearing a T-shirt bearing
No. "10" on the back threatened to kill the complainant. The said
individual brandished a Kirpan and took out Rs.5,000/- from the
pocket of the complainant.
.
5. During investigation, CCTV footage of government
and private cameras installed in the area were checked. On
checking the CCTV footage, six persons on two motorcycles were
found crossing Polian barrier at about 5.27 A.M. All individuals
travelling on the motorcycles had covered their faces with clothes.
6.
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On the basis of CCTV camera footage taken into possession,
some of the accused in the case at hand were identified.
On 30.08.2024, one Arshdeep and Bhupender were
arrested from ISBT Amritsar. During investigation, they had
revealed the names of the other co-accused namely (Dalwinder
Singh, Satinder Singh, Jaskaranpreet Singh (bail petitioner) and
Raman). Accused Dalwinder Singh was arrested on 05.09.2024.
7. From a perusal of the status report, it is evident that
the investigation in the case at hand is complete. Insofar as it
pertains to the present bail petitioner, Arshdeep, Bhupender
Singh and Dalwinder Singh, challan stands presented on
27.11.2024. The matter is now listed for consideration of charge
before the trial Court. During the pendency of the present petition,
the complainant is stated to have compromised the matter with
the family members of the accused. The said fact has been
confirmed by the respondent and in this respect appropriate
status report stands filed and placed on record.
8. The investigation, in the case at hand, is complete.
No further recoveries are to be affected from the petitioner.
.
9. Personal liberty is a very precious fundamental right.
The same is to be curtailed only when it becomes imperative,
according to the peculiar facts and circumstances of each case.
10. The object of bail is to secure the attendance of the
accused person at his trial by reasonable amount of bail. The
object of bail is neither punitive nor preventative.
11. The consequences of pre-trial incarceration are
grave. A person presumed innocent is subjected to psychological
and physical deprivations of jail. Further, a jailed individual is
prevented from contributing to the preparation of his defence. The
burden of his detention falls heavily on the innocent members of
his family.
12. Nothing unfavourable has been stated in the status
report qua the social circumstances of the petitioner whereby it
can be made out that the petitioner is likely to betray the
confidence, that the Court may place in him to turn out to take
justice at the hands of the Court.
13. The petitioner is a permanent resident of Village
Chak Nariyal, Post Office Fatehpur Kothi, District Hoshiarpur,
Punjab H.P. and the respondent-State has not expressed any
apprehension of the petitioner fleeing from justice. In any case,
the petitioner can be put to terms for the purpose of safe, secure
and un-obstructed completion of trial.
14. Hence, after going through the material available on
record and considering the overall facts and circumstances of the
.
case, this Court finds that the present is a fit case where judicial
discretion to admit the petitioner on bail is required to be
exercised in his favour. Accordingly, the bail application is allowed
and interim order dated 06.06.2025 is confirmed. This bail order is
subject, however, to the following conditions:-
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(i) Petitioner shall 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;
(ii) that he 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 any facts to the
Court or the police;
(iii) that he will not tamper with the prosecution
evidence nor he will try to win over the
Prosecution witnesses or terrorise them in any
manner;
(iv) that he will not deliberately and intentionally
act in a manner which may tend to delay the
investigation or the trial of the case;
(v) that he will not leave India without prior
permission of the Court; &
(vi) Petitioner shall inform the Station House
Officer of the concerned police station about his
place of residence during bail and trial. Any
change in the same shall also be communicated
within two weeks thereafter. Petitioner shall
furnish details of his Aadhar Card, Telephone
Number, Email, PAN Card, Bank Account Number,
if any.
15. Needless to say that investigating agency shall be at
liberty to move this Court for cancellation of the bail, if any of the
aforesaid conditions is violated by the petitioner.
16. Be it stated that any expression of opinion given in
.
this order does not mean an expression of opinion on the merits of
the case and the trial Court will not be influenced by any
observations made therein .
17. In view of the above, the petition stands disposed of.
(Bipin Chander Negi)
Judge
6th August, 2025
Tarun
