Himachal Pradesh High Court

Reserved On:- 27.06.2025 vs State Of H.P on 7 July, 2025

Author: Virender Singh

Bench: Virender Singh

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           IN THE HIGH COURT OF HIMACHAL PRADESH
                            SHIMLA
                        Cr.MP(M) No.1311 of 2025
                        Reserved on:- 27.06.2025
                        Date of Decision: 07.07.2025




                                                                         .

    Rameshwar Singh                                                 ...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. Sunny r Rawat, Advocate.

For the respondents : Mr. Mohinder Zharaick, Mr. Tejasvi Sharma, Mr. Varun Chandel and Mr. H.S. Rawat, Additional Advocates General with

Mr. Rohit Sharma, Deputy Advocate General, assisted by ASI Parmod Kumar, PS Jubbal,

District Shimla, H.P. Virender Singh, Judge

Applicant-Rameshwar Singh, apprehending his arrest,

in case arising out of FIR No.15 of 2025, dated 19.02.2025,

registered under Sections 109(1), 115(2), 117(2), 126(2) & 3(5) of

the Bharatiya Nyaya Sanhita, (hereinafter referred to as the BNS),

with Police Station, Jubbal, District Shimla, H.P., has filed the

present application, under Section 482 of Bharatiya Nagarik

Suraksha Sanhita, 2023 (hereinafter referred to as the BNSS).

Whether reporters of Local Papers may be allowed to see the judgment?

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2. By way of the present application, indulgence of this

Court has been sought to direct the IO/Police to release the

applicant on bail, in the event of his arrest, in the above titled case.

3. The applicant has sought the relief, on the ground that

he is innocent person and has falsely been implicated in this case.

4. According to the applicant, he has no role to play

whatsoever, in the commission of the alleged crime. He has not

been named in the FIR and no overt act has been attributed to

him. All these facts have been pleaded by the applicant to show

that he has falsely been implicated in this case.

5. The investigation in the present case is stated to be

completed and the charge-sheet has been filed by the police.

6. The applicant has also tried his luck, by moving two

similar applications, before the Court of learned Additional

Sessions Judge, Rohru, however, the said applications were

dismissed, vide orders dated 03.09.2025 and 09.05.2025.

7. It is the further case of the applicant that his co-

accused namely Harsh Kumar and Ajay Kumar have already been

released on bail, by this Court, under Section 483 of BNSS, vide

order dated 27.05.2025.

8. On the basis of the above facts, Mr. Sunny Rawat,

Advocate, appearing for the applicant, has given certain

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undertakings, on behalf of the applicant, for which, the applicant is

ready to abide by, in case, a direction is issued to the IO/Police,

under Section 482 of BNSS, to release the him on bail, in the

event of his arrest in the above title case.

9. When, put to notice, the police has filed the status

report, disclosing therein, that on 19.02.2025, at about 12.49 AM,

in the mid night, HASI Babu Lal, No.377, telephonically informed

the police from Check Post Kharapathar that on Giriganga Road,

two persons are lying in injured condition and requested to send

the IO and other police officials to the spot, upon which, SI/SHO,

alongwith ASI Jagdish Chand, in order to verify those facts, had

proceeded towards the spot from there. When the police reached

at the spot, the injured persons were already taken to Jubbal

hospital for treatment. On the spot, one vehicle/Pickup

No.HP06B-5631 was found parked. The vehicle was brought to

Jubbal and thereafter, ASI Jagdish Chand, got medico-legal

examination of injured Joginder Pal and Praveen Kumar

conducted from hospital at Jubbal. Their MLCs were obtained and

blood samples were got preserved. In Civil Hospital, Jubbal,

injured Praveen Kumar made a statement, under Section 173 of

the BNSS, disclosing therein, that he is resident of the address, as

mentioned in the statement and is a driver by profession. The

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complainant was working as a driver with Surender Raitka, at

Rohru.

9.1. According to the complainant, on 18.02.2025, one

Joginder Pal, who is working with Ajvinder Rana, Scrap dealer

(Kabari) and disclosed him that a day, before 18.02.2025, the

driver of vehicle/Pickup No.HP06B-5631, had sold the scrap

(Kabar) in the shop of Ajvinder Rana and according to him, the

said articles could be the stolen articles and Joginder Pal, told him

to search for them towards Hatkoti, upon which, the complainant,

alongwith Joginder Pal, in the vehicle of Surender Raitka, had

reached Hatkoti. One vehicle/Pickup No.HP06B-5631, was found

parked on the side of the road, at Hatkoti Kainchi.

9.2. After some time, the driver of the said vehicle/Pickup

proceeded towards Kharapathar and both of them had chased

them. After stopping for some time at Kharapathar, they had

proceeded towards Giriganga road and after some time, the said

vehicle was parked on the side of the road. After crossing the said

place, complainant-Joginder Pal again turned back their car. At

about 11:30 PM, the said vehicle/pickup being driven by its driver,

came from the opposite direction and the driver stopped its pickup

in front of the car of the complainant. The pickup driver, alongwith

his two-three accomplices, came out from the pickup. He dragged

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them out of the car and enquired, as to why, they were chasing

them. Thereafter, they have started beating them with fist and kick

blows, as well as, with the help of Dandas. Meanwhile,

complainant received a telephonic call from his friend Rohit, to

whom, he had apprised that a quarrel had taken place and

requested him to come to Giriganga road.

9.3. Thereafter, those assailants left the spot by leaving

the pickup on the spot. Subsequently, the complainant informed

Police Post Kharapathar about the incident. He has further got

recorded that the names of the assailants could be disclosed by

Joginder Pal, who is not in a position to make a statement. The

complainant further got recorded that due to their beatings, he

sustained injuries over his nose and head, whereas Joginder Pal

sustained injuries over his head, nose, mouth and eyes.

9.4. On the basis of the above facts, the police registered

the case, under Sections 126(2), 115(2), and 3(5) of BNS and

criminal machinery swung into motion.

9.5. The initial investigation of the case was conducted by

HC Ashwani Kumar No.36, IO Police Station, Jubbal. On

19.02.2025, HC Ashwani Kumar No.36, visited the spot and

prepared the spot map. Vehicle/pickup No.HP06B-5631, alongwith

its keys, mobile phone, purse, Aadhaar Card, PAN Card, ATMs of

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ICICI and PNB Banks, were found in the said vehicle, which were

taken into possession. On checking, the said Aadhaar Card and

PAN Card, were found to be in the name of one Rameshwar Singh

S/o Shri Shyam Lal, Tehsil Rampur Bahali. Two gas cylinders and

three long tubes cylinders were also found in the vehicle, which

were also taken into possession. Complainant-Praveen Kumar

had produced a baseball bat and with the help of the said baseball

bat, the applicant and his accomplices had beaten the

complainant. r The said baseball bat has also been taken into

possession.

9.6. On 21.02.2025, Harsh Kumar and Ajay were

summoned by the police and complainant Praveen Kumar has

identified them, as the persons, who had beaten him and Joginder

Pal, in the intervening night of 18/19.02.2025. The memo,

regarding the identification, was prepared. Since, injured Joginder

Pal has been referred to IGMC, Shimla and was under treatment,

as such, both were directed to come present before the police, as

and when, directed by the police to do so.

9.7 On 23.02.2025, the statements of injured Joginder Pal

and his brother Rajesh were recorded under Section 180 of BNSS.

9.8. On 27.02.2025, the documents, with regard to the

treatment of Joginder Pal was obtained from IGMC, Shimla and

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thereafter, Medical Officer, at Civil Hospital, Jubbal, was requested

to give the final opinion, upon which, he has given the opinion, by

declaring the injuries on the person of Joginder Pal, as dangerous

to life. As such, Sections 117(2) and 109(1) of BNS have been

added, in this case.

9.9. On 03.03.2025, owner of vehicle/Pickup No.HP06B-

6531, Anil Kumar, Harsh Kumar and Ajay were again summoned.

Owner of the vehicle Anil Kumar produced the Registration

Certificate and Insurance Certificate of the vehicle, which were

taken into possession, whereas, Ajay had produced his Driving

Licence, which was also taken into possession. Harsh was

arrested on 03.03.2025 at 7:00 PM, whereas, Ajay was arrested,

on the same day, at 7:30 PM.

9.10. During enquiry from Harsh Kumar and Ajay,

involvement of Rameshwar (applicant) was also found. The PAN

Card, Aadhaar Card and ATM cards of ICICI and PNB Banks were

found to be in the name of Rameshwar Singh(applicant).

However, said Rameshwar Singh (applicant) could not be arrested

and thereafter arrest warrants were obtained from the Court of

Additional Chief Judicial Magistrate, Rohru Camp at Jubbal.

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9.11. After the completion of the investigation, the police

has submitted the charge sheet before the Court of learned

Additional Chief Judicial Magistrate, Rohru.

9.12. It is the further case of the police that the applicant

has not joined the investigation and evaded his arrest, as such,

the arrest warrants were obtained from the Court of learned

Additional Chief Judicial Magistrate, Rohru camp at Jubbal. The

applicant had also filed the similar applications before the Court of

learned Additional Sessions Judge, Rohru, however those

applications were rejected.

9.13. It is the further case of the police that the applicant is a

person of criminal nature and following seven cases were found to

be registered against him:-

(i) FIR No.73/2015, dated 02.05.2015, registered under

Sections 341 & 323 of IPC, with Police Station, Rampur.

(ii) FIR No.167/2017, dated 26.09.2017, registered under Sections 324, 326 & 34 of IPC, with Police Station, Rampur.

(iii) FIR No.170/2021, dated 03.09.2021, registered under Sections 341, 323, 504, 506 & 34 of IPC, with Police Station, Rampur.

(iv) FIR No.179/2021, dated 10.09.2021, registered under Sections 341, 323 & 506 of IPC, with Police Station, Rampur.

(v) FIR No.26/2022, dated 04.02.2022, registered under Sections 341 & 506 of IPC, with Police Station, Rampur.

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(vi) FIR No.24/2024, dated 19.02.2024, registered under Sections 341, 323, 504 & 506 of IPC, with Police Station, Rampur.

(vii) FIR No.173/2020, dated 23.07.2020, registered under

Sections 341, 504 & 506 of IPC, with Police Station, Dhalli,

District Shimla, H.P.

10. On the basis of the above facts, a prayer has been

made to dismiss the application.

11. On the basis of the stand, so taken by the police, the

interim protection was given to the applicant and the matter has

been adjourned for 20.06.2025. On 20.06.2025, supplementary

status report has not been filed and the matter has been

adjourned for 27.06.2025. On 27.06.2025, supplementary status

report has been filed on the similar lines.

12. The perusal of the record shows that the FIR, in

question was registered, at the instance of injured Praveen Kumar,

whose statement under Section 173 of BNSS was recorded and in

the said statement, there is no reference of the applicant. Even, in

the statement recorded, under Section 173 of BNSS, Praveen

Kumar had got recorded that the names and addresses of the

assailants can only be disclosed by Joginder Pal.

13. It has rightly been pointed out by the learned counsel

appearing for the applicant that in the statement made by the

complainant, under Section 173 of BNSS, names of assailants

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have not been mentioned and the complainant has put the onus

upon injured Joginder Pal, to disclose the names of those

assailants. According to the stand taken by the police, on

21.02.2025, Harsh Kumar and Ajay were called to the Police

Station, where both of them were identified by complainant

Praveen Kumar, as the person, who had attacked him, as well as,

Joginder Pal in the intervening night of 18./19.02.2025, whereas,

the statements of injured Joginder Pal and his brother were

recorded under Section 180 of BNSS on 23.02.2025.

14. The involvement of the applicant in the present case

has been made on the basis of the alleged recovery of Aadhaar

Card, PAN Card and ATM Card of applicant-Rameshwar Singh,

which according to the case of the police, when the vehicle

No.HP06B-5631, was checked at the spot, two sim cards of Airtel

Company bearing Sim No.86288-01770, 8628921617, Aadhaar

Card No.206297342155, and PAN Card No.3WSP5993IN, which

are in the name of Rameshwar Singh(applicant) and two ATM

cards were also found.

15. Although, at the time of deciding of question of bail,

detailed discussions about the evidence, so collected, by the

police, during the investigation should be avoided, as, the same

would cause prejudice to the case of the prosecution, as well as,

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to the case of the applicant, but, the fact that in this case, no test

identification Prade (T.I.P) has been got conducted by the police,

cannot be ignored. As such, on the basis of the alleged

documents, which were found to be in the vehicle, registered in

the name of Anil Kumar son of Devender Kumar, who had also got

the said vehicle released on Superdari, the relief, for which, the

present application has been filed, cannot be declined to him.

16. So far as, the registration of the cases, against the

applicant, as highlighted in the status report are concerned,

admittedly, in the said case, applicant has not been convicted in

any of the case, as such, presumption of innocence is still

available to the applicant. Moreover, there is nothing in the status

report to show at this stage that any efforts have been made by

the authorities to declare the applicant, as habitual offender.

Hence, the factum of registration of cases, against the applicant,

cannot be considered against him, while deciding the question of

granting the relief to him, under Section 482 of BNSS.

17. The applicant is permanent resident of District Shimla.

As such, it cannot be apprehended that in case, he is ordered to

be released on bail, he may not be available for the trial.

18. Even otherwise, the role of the applicant in the

commission of the alleged crime, will be proved during the trial.

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The chances of conclusion of trial against the applicant, in near

future, are not so bright, as such, the bail application cannot be

rejected as a matter of punishment, as, pre-trial punishment is

prohibited under the law.

19. Considering all these facts, this Court is of the view

that the applicant is able to make out a case in his favour for

releasing him on bail, during the pendency of the trial. As such,

the bail application is liable to be allowed and is allowed,

accordingly. r

20. Consequently, interim order, dated 06.06.2025 passed

in the application, is made absolute and the applicant is ordered to

be released on bail, arising out of FIR No.15 of 2025, dated

19.02.2025, registered under Sections 109(1), 115(2), 117(2),

126(2) & 3(5) of BNS, with Police Station, Jubbal, District Shimla,

H.P., subject to his furnishing personal bond, in the sum of

Rs.50,000/- with one surety, in the like amount to the satisfaction

of the Investigating Officer.

21. This order, however, shall be subject to the following

conditions:-

a) The applicant shall appear before the IO, as and when, directed by the IO to do so and 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 applications;

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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) The applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever.

22. 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.

24. Record be returned to the quarter concerned.

(Virender Singh)