Himachal Pradesh High Court
Reserved On : 23Rd June vs State Of Himachal Pradesh on 27 June, 2025
Author: Virender Singh
Bench: Virender Singh
2025:HHC:20195
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MP(M) No. : 1172 of 2025
Reserved on : 23rd June, 2025
.
Decided on : 27th June, 2025
Raghveer Singh ...Applicant
Versus
State of Himachal Pradesh ...Respondent
Coram
The Hon'ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1
For the applicant : Mr. K.S. Gill, Advocate.
For the respondent : Mr. Mohinder Zharaick, Additional
Advocate General, assisted by ASI
Mahesh Kumar, I.O. Police Station,
Nalagarh, District Solan.
Virender Singh, Judge
Applicant Raghveer Singh, apprehending his
arrest, in case FIR No.100 of 2025, dated 24.03.2025,
registered, under Sections 310(2), 331(4) and 61(2) of the
Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as
'BNS'), and Section 25 of the Arms Act, has filed the
present application, under Section 482 of the Bharatiya
Whether Reporters of local papers may be allowed to see the judgment? Yes.
2 2025:HHC:20195
Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as
'BNSS').
.
2. By way of the present application, indulgence of
this Court has been sought to direct the Police/
Investigating Officer of Police Station Nalagarh, District
Solan, H.P., to release him on bail, in the event of his
arrest, in the above noted case.
3. According to the applicant, he is innocent
person and has falsely been implicated, in this case, as, his
name has even not been figured in the FIR. He is stated to
have been implicated in this case, on the basis of the
alleged disclosure statement made by accused Jujhar
Singh @ Billu.
4. The applicant has asserted that he is
permanent resident of the address, as mentioned in the
applicant.
5. The applicant has reiterated the fact that he
has nothing to do with the offences, for which, he has been
named, as accused, in this case.
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6. It is the case of the applicant that one case has
also been registered against under Section 109 of the BNS
.
is pending against him, in the State of Punjab.
7. Apart from this, the applicant has given certain
undertakings, for which, he is ready to abide by, in case,
any direction is issued under Section 482 BNSS.
8. On the basis of the above facts, a prayer has
been made to allow the application.
9. When put to notice, the police has filed the
status report, disclosing therein, that on 23.03.2025, an
information was received in Police Control Room from one
Om Prakash from his mobile No.9805184972, with regard
to the fact that some boy, after showing the weapon to him,
had stolen Rs.30,000/ from his shop and requested that
action be taken against them.
9.1. Thereafter, ASI Mahesh Kumar, along with
other police official, in order to verify the facts, reached at
the place known as Sainimajra, where, the complainant
Om Prakash, who had informed the police, had produced a
complaint before the police, disclosing therein, that he is
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resident of the address, as mentioned in the complaint and
is running a shop in front of LSI Factory.
.
9.2. According to the complainant, on 23.3.2025, at
about 8.45 p.m., when, he was present in his shop, then,
three boys, having muffled their face, came to his shop.
Out of them, one was Sikh and two were clean shaven. The
Sikh person was having sword, in his hand and the two
others were having country made pistols, in their hands.
9.3. After showing the said pistols, they had stolen
Rs.35,000/ from the chest/Galla of his shop. Lastly, he
has stated that he has not sustained any injury and he
was all alone in the shop.
9.4. On the basis of the above facts, the police
registered the FIR, in question and criminal machinery
swung into motion.
10. During investigation, spot map was prepared
and photographs were clicked. From the CCTV footage
obtained from the area, it was found that at about 8.46
p.m., in front of the shop of the complainant, two
motorcyclists stopped their motorcycles. 22 persons, total
4 persons, were there on the motorcycles, who had muffled
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their faces. Out of 4 persons, three persons had entered in
the shop of the complainant and one person remained on
.
the motorcycle.
11. After sometime, three persons were seen coming
out of the shop of the complainant, one person was having
sword in his hand and one was seen concealing pistol in
his trousers and the third person, who was behind him,
has also muffled his face and was having pistol in his
hand. Thereafter, all of them had fled away towards
Nalagarh, on their motorcycles.
12. On the basis of the CCTV footage, ASI Mahesh
Kumar, reached at village Basot. He has also downloaded,
the footage of CCTV installed there. In the said CCTV
footage, at about 9.04 p.m., all the four persons were again
seen. The said persons were also found to be moving
towards village Sarsa, in the CCTV footage, which was
obtained from the camera installed in a house at village
Manguwal Doyadi.
13. On 26.03.2025, the service provider was
directed to supply the cellID. On the basis of dump data,
the mobile phone No.8628963922 and 8360334095, were
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found to be suspicious. The CDRs were perused, according
to which, the mobile phone No.8628963922, was found to
.
be registered in the name of accused Jujhar Singh.
14. As per the CellID, the presence of the mobile
phone No.8628963922 was found to be at Goljamala at
8.11 p.m., at Datowal at about 8.15 p.m., at Thanthewal at
about 8.21 p.m., at Sainimajra at about 8.34 p.m., at
Sarsa Nangal Pubjab at about 9.02 p.m.
r Frequent calls
were found to have been made on 8360334095.
15. As per the CellID, the presence of mobile
phone 8360334095, was found to be at Village Saned, at
about 8.11 p.m., at Rajpura, at about 8.21 p.m, at village
Majholi, at about 8.26 p.m., at village Sainimajra, from
8.28 p.m. to 8.42 p.m., at Rampur, at about 9.09 p.m. and
at Sarsa Nangal Punjab at about 9.54 p.m. repeated calls
were found to have been made on mobile No.8628963922,
from 8.11 p.m. to 8.42 p.m.
16. On 28.03.2025, accused Jujhar Singh was
associated and inquired. As per the revelation made by
him, he was arrested on 8.10 p.m. and was produced
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before the Court on 29.03.2025, from where, he was
remanded to police custody.
.
17. During police remand, on 29.3.2025, his
residential house was searched, but, no illegal weapon was
found. However, during police custody, accused Jujhar
Singh has identified the shop of complainant, where,
according to him, on 23.3.2025, he, along with, his
companion, Raghveer Singh @ Ravi Baba (applicant),
Charna and two other persons had committed theft.
18. On 30.3.2025, accused Jujhar Singh, made
disclosure statement, under Section 23 of the Bharatiya
Sakshaya Adhiniyam, (hereinafter referred to as 'the BSA'),
disclosing therein that on 23.3.2025, the motorcycle,
which was used to commit theft, in the shop of the
complainant was kept concealed by him and he could get
the same recovered and identified the said place.
19. In pursuance of the said statement, accused
Jujhar Singh got recovered, the motorcycle bearing
registration No.HP12L8749, make CT100, from the
bushes, where the same had been kept concealed in
Dherowal road to Medical Device Park Road. The
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motorcycle was found to be registered in the name of father
of Jujhar Singh. The said motorcycle was taken into
.
possession.
20. Thereafter, during the police remand, accused
Jujhar Singh disclosed the names of his companions, as
Raghveer Singh @ Ravi Baba (applicant) and Harvinder
Singh @ Charna. However, he has not disclosed the names
of his other companions.
r Thereafter, Harvinder Singh @
Charna was searched. He was associated in the
investigation and was arrested on 9.5.2025 at about 11.30
p.m. He has allegedly disclosed the name of the applicant.
21. Thereafter, Sukhvinder Singh @ Kala was
arrested on 11.5.2025. Thereafter, Section 307 of the BNS
was deleted and Section 310 of the BNS was added in this
case.
22. During police investigation, accused Harvinder
Singh @ Charna and Sukhvinder Singh @ Kala, were
interrogated and Harvinder Singh @ Charna has made
disclosure statement and got recovered the sword, allegedly
used by them, for committing crime.
9 2025:HHC:20195
23. On the basis of the above stand of the police,
interim protection was given to the applicant and the
.
matter was adjourned for 27.5.2025. On that day, the
police filed the supplementary status report, disclosing
therein that applicant has joined the investigation and as
per the stand of the police on 26.5.2025, applicant
Raghveer Singh had produced the black coloured
motorcycle bearing Registration No.PB12AB7900, make
Splender, along with its key and currency notes of
Rs.6,000/, which were taken into possession.
24. It is the further case of the police that from the
accused persons, one pistol, one country made pistol, one
motorcycle and the remaining amount of dacoity, are yet to
be recovered.
25. On 3.6.2025, the police filed the supplementary
status report, disclosing therein, that following cases have
been registered against the applicant:
i) FIR No.13/2022, dated 7.2.2022, registered
under Section 323, 341, 148, 149, 506 IPC with
Police Station Kiratpur;
ii) FIR No.54/24, dated 22.6.2024, registered
under Section 323, 341 IPC & Section 4 of the
Punjab Prevention of Dowry to Public and
Private Property Act 2014.
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26. In the status reports filed on 16.6.2025 and
23.6.2025, similar stand has been taken and a prayer has
.
been made to dismiss the application.
27. The applicant has joined the investigation and
as per the stand taken by the Police, Raghveer Singh
(applicant) and another accused have not yet been arrested
and according to their further case, the accused persons
are not disclosing anything about the weapon of offence,
the motorcycle used and the remaining amount allegedly
stolen by them in this case.
28. On the basis of the above vague stand, the
police is not able to make out a case for custodial
interrogation.
29. The applicant has not been named in the FIR.
Neither, it is the specific case of the police that they had
identified the accused in the CCTV footage, nor the
applicant is such a prominent person of the society , who
can be identified by the Police, on the basis of the CCTV
footage.
30. The veracity of the statement allegedly made by
the coaccused of the applicant, namely, Jujhar Singh and
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the involvement of the applicant in the crime in question
will be adjudged by the learned trial Court during the trial.
.
31. So far as the registration of two cases, as
highlighted in the status report, are concerned, on the
basis of those two cases, no adverse inference can be
drawn, as mere registration of the cases, does not take
away the presumption of innocence, which is still available
to the applicant until proven guilty by the competent Court
of law.
32. The bail application cannot be rejected, as a
matter of punishment, as, pretrial punishment is
prohibited under the law and punishment can only be
imposed, after the full fledged trial, by competent Court of
law.
33. In view of the above discussion, in the
considered opinion of this Court, the applicant is able to
make out a case in his favour.
34. Considering all these facts, the interim order
dated 20.05.2025, 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
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No.100 of 2025, dated 24.03.2025, registered, under
Sections 310(2), 331(4), 61(2) of the BNS, and Section 25 of
.
the Arms Act, with Police Station Nalagarh, District Solan,
H.P., on his furnishing personal bond, in the sum of
₹50,000/, with one surety of the like amount, to the
satisfaction of the Investigating Officer.
35. 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.
36. 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.
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37. The applicant is directed to move regular bail
application, when charge sheet will be filed in the
.
Competent Court of Law.
38. It is made clear that the respondentState is at
liberty to move an appropriate application, in case, any of
the bail conditions, is found violated by the applicant.
June 27, 2025 (ps)
to ( Virender Singh )
Judge
