Himachal Pradesh High Court

Reserved On : 02.05.2025 vs State Of Himachal Pradesh on 5 May, 2025

Author: Virender Singh

Bench: Virender Singh

2025:HHC:12518

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr.MP(M) No.896 of 2025 Reserved on : 02.05.2025 Decided on : 05.05.2025 Pankaj Kumar ...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. Rakesh Kumar Chaudhary and Mr. Panku Chaudhary, Advocates.

For the respondent : Mr. H.S. Rawat, Additional Advocate General, assisted by ASI Vikas Deep, Police Station, Fatehpur, District Kangra, H.P.

Virender Singh, Judge

By way of the present application, filed under

Section 483 of the Bharatiya Nagarik Suraksha Sanhita,

2023 (hereinafter referred to as 'BNSS'), applicant-Pankaj

Kumar has sought his release, on bail, during the

pendency of the trial, in case FIR No.02 of 2024, dated

01.01.2024, registered under Sections 306, 384, 201 and

Whether Reporters of local papers may be allowed to see the judgment? Yes.

2 2025:HHC:12518

34 of the Indian Penal Code (hereinafter referred to as the

'IPC'), with Police Station Fatehpur, District Kangra, H.P.

2. According to the applicant, he has falsely been

implicated and arrested, in this case.

3. As per the applicant, he has no concern

whatsoever with the crime, as alleged against him.

4. Investigation, in the present case, is stated to

be completed and according to the applicant, nothing is to

be recovered from him or at his instance. Charge-sheet is

also stated to have been filed, in this case. The applicant is

stated to be in judicial custody since January, 2025.

5. According to the applicant, he had earlier tried

his luck by moving similar application, before the Court of

learned Additional Sessions Judge, Nurpur, District

Kangra, Himachal Pradesh. However, the same was

dismissed, vide order dated 01.04.2025.

6. Apart from this, Mr. Rakesh Kumar Chaudhary

and Mr. Panku Chaudhary, Advocates, have given certain

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

applicant is ready to abide by, in case, ordered to be

released on bail, during the pendency of the trial.

3 2025:HHC:12518

7. On the basis of the above facts, a prayer has

been made to allow the bail application.

8. When, put to notice, the police has filed the

status report, disclosing therein, that on 01.01.2024,

Harpal Singh, S/o Mangat Ram, telephonically informed

the police that dead body of his nephew Manish Kumar is

found hanging from a tree in Jamludi forest and requested

to come and take action. The missing report of said Manish

Kumar was lodged by complainant on 31.12.2023, upon

which, ASI Bhajan Singh, the then Incharge, Police Post

Ray, along with other police officials, reached at the spot.

At the spot, dead body of Manish Kumar was found

hanging with rope tied to a branch of the tree. Photography

was done.

8.1. It is the case of the police that at the spot,

complainant-Harpal Singh made a statement, under

Section 154 of CrPC, disclosing therein, that Manish

Kumar, aged about 26 years, was his nephew, who was

working as a Tractor Driver. On 27.12.2023, Manish

Kumar had attended his work, but, on 28.12.2023, Manish

Kumar had not attended the work. When enquired, no 4 2025:HHC:12518

whereabouts of Manish Kumar could be found, as, he was

not found in his house.

8.2. On 30.12.2023, at about 05:10 am, Manish

Kumar sent a message on the mobile phone of the

complainant, contents of which are reproduced as under,

which have been mentioned in the statement, under

Section 154 of CrPC,:-

"HARPAL CHACHA JI PLEASE MUJHE MAFE KR DENA MAIN 28 TARIK SE BAHUT JYADA PARSHAN HU MUJHE FACEBOOK PR EK LADKI NE FRD REQUEST BEJI THI FIR MANIE EQCPET KR LI FIR USNE MUJHE BOLA KI APP MUJHE SE DOSTI KARUGE TO MANIE BOLA THIK H FIR USNE MERA WHATSAPP NO 7876517058 MAGA MANIE DE DIYA FIR USNE MUJHE WHATSAPP PR MSG KIYA USKE BAAD USNE MUJHE MERI PIC MAGI PIR USNE MERI DIDI KI PIC MAGI TO MAIN DE DI USKE BAAD USNE MUJHE VIDEO CALL KI AUR BOLA KI AAJ SEX KRNA H USKE BAD USNE PEHLE APNE KAPDE UTARE FIR MAINE PR USNE MERI VIDEO SAVE KR LI USNE MUJHE BOLA KI AAB M TERI VIDEO SARI DUNIYA KO BATA DUGI AUR YOU TUBE PR VE VIRL KR DUGI TUJHE M BARBAD KAR DUGI FIR USNE BOLA KI VIDEO DELETE KRNE K LIYE MUJH SE 11000 RUPYE MAGE TO MANIE DE DIYA FIR USNE MERI VIDEO DELETE NHI KI AB MUJH SE 21000 PAISE MAGE HAI M AB BAHUT JYADA TENSION M HU AB M SUSSAIDE KRNE JAA RHA HU BAKI SAB MERE WHATS PR CHAT H USKA NAM SANIYE JAIN H AUR MΕΙΝ ΑΡΝΙ SHIM BE TOD DI HAI MERE SATH PEHI BAR HUA H M MARNE JAAA RHA HU SRY AUR MUJHE BAHUT JYADA BALCK MAIL KR RAHI H, HARPAL CHACHA JI MEIN SUSSAIDE KRNE JAA RHA HU PLEASE MUJHE MAAF KAR DENA MEIN AAJ MORNING SE KUCH BE NHI KHAYA 5 2025:HHC:12518

H BAHUT JYADA PARESHAN HU AAR MAIN AAJ BAHUT YADA ROAYA HU SRY."

8.3. The complainant has further got recorded that

regarding the said message, he has apprised the father of

Manish Kumar and his family members and thereafter,

they searched for Manish Kumar, but, he was not found

anywhere. Consequently, on 31.12.2023, a missing report

was lodged with Police Post Ray. On 01.01.2024, Manish

Kumar was found hanging from a tree in Jamludi forest.

During the inspection of the dead body, from the lower,

worn by Manish Kumar, a mobile phone and in other

pocket, weedicide make Fighter, were found.

8.4. According to the complainant, his nephew

Manish Kumar has taken his life due to the fact that one

lady, namely Sania Jain, had threatened him to make the

obscene video of Manish Kumar viral and also due to

demand of money by the said lady. As such, he has prayed

that the action be taken against said Sania Jain.

8.5. Consequently, police registered the case, under

Section 306 of IPC. Initial investigation was conducted by

ASI Bhajan Singh, the then Incharge, Police Post Ray.

Physical evidence on the spot was taken into possession.

6 2025:HHC:12518

The father of deceased Manish Kumar has also produced

the mobile phone, bearing SIM No.86290-47058, which

was also taken into possession.

8.6. During investigation, the photocopy of

statement of account of Manish Kumar was obtained, as, it

was found during the investigation that Manish Kumar, at

the instance of the fraudster, has transferred a sum of

Rs.11,000/-, on 29.12.2023. The said document was

obtained from Lokmiter Kendra.

8.7. Thereafter, on account of transfer of ASI Bhajan

Singh, further investigation of the case was entrusted to

ASI Vikas Deep. Subsequently, the Incharge, Cyber Cell

had made correspondence with Nodal Officer of Paytm and

it was found that mobile phone No.97841-40711 was

found connected with A/c No.2185104000005852, IFSC

Code IBKL0002185 of Branch IDBI Bank, Mudiya, near

Shiv Petrol Pump, Malakhera, Alwar, Rajasthan, upon

which, ASI Vikas Deep had gone to the Bank and obtained

KYC document. As per document, the said account was

found to be in the name of Sachin, S/o Rakhi Ram, R/o

Village and PO Lili, Tehsil Malakhera, District Alwar, 7 2025:HHC:12518

Rajasthan. Statement of the Bank Manager of said IDBI

Bank was recorded.

8.8. It is the further case of the police that

thereafter, Sachin was associated in the investigation, who

has disclosed that the said amount of Rs.11,000/- was got

deposited by Pankaj, S/o Bhoop Singh, R/o Village and PO

Sehadampur, PS Govindgarh, Tehsil and District Alwar,

Rajasthan (applicant). After withdrawing the amount, the

same was handed over to Pankaj (applicant). Thereafter,

Sachin and Pankaj (applicant) were directed to come

present at Police Station Fatehpur for investigation. The

printouts of the suicide note were also taken into

possession. Both were arrested.

8.9. During investigation, it has been disclosed by

accused Pankaj (applicant) and Sachin that SIM No.98617-

69538 was destroyed by them. As such, Section 201 of IPC

has been added, in this case.

8.10. It is the further case of the police that details,

regarding the deposit of Rs.11,000/- in the account of

Sachin, have also been obtained from PNB Dhameta.

8 2025:HHC:12518

8.11. As per the police, the accused persons had

purchased fake SIM No.98617-69538. The Consumer

Application Form was obtained, according to which, the

said SIM has been issued in the name of Sundar Kant

Murmu, S/o Vishawnath, R/o Balidiha Mayurbhanj,

Odisha. When, the police team visited the said place, no

one was found residing there.

8.12. As per CDRs, location of Pankaj (applicant), on

30.10.2023, was found to be in the village of accused

Sachin, whereas, the village of Pankaj (applicant) is about

40 km away from there.

8.13. After completion of the investigation, charge-

sheet has been filed, which is pending adjudication in the

Court of learned Additional Sessions Judge, Nurpur and

now, the case is stated to be listed on 26.05.2025 for

consideration on charge.

8.14. Lastly, it has been apprehended in the status

report that in case, the applicant is ordered to be released

on bail, he may again indulge in the similar criminal

activities and will play with the life of other people. Another

apprehension has also been expressed that in case, the 9 2025:HHC:12518

applicant is ordered to be released on bail, he may not be

available for the trial. However, no other case is stated to

have been registered against the applicant.

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

made to dismiss the bail application.

10. In the present case, investigation, in the present

case, is complete and the police has submitted the challan,

in the competent Court of law. This fact is sufficient to

demonstrate that the custodial interrogation of the

applicant is no longer required by the police.

11. The role, allegedly attributed to the applicant, in

the commission of crime in question, will be proved, during

the trial.

12. Even otherwise, the bail application cannot be

rejected, as a matter of punishment, as, the punishment

can only be inflicted, after the conclusion of trial and in the

present case, the chances of conclusion of trial against the

applicant, in near future, are not so bright. As such, he

cannot be kept in judicial custody, that too, for the

indefinite period.

10 2025:HHC:12518

13. Except the present case, no other criminal

history of the applicant has been mentioned in the status

report, nor the same has been argued by learned

Additional Advocate General, during the course of

arguments. As such, it can be held that the presumption of

innocence is still available to the applicant.

14. Moreover, at the time of deciding the bail

application, detailed discussion about the evidence, so

collected by the police, should be avoided, as, it would

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

to the case of the accused (applicant).

15. So far as the apprehensions, which have been

expressed by the police, in the status report, are

concerned, for those apprehensions, reasonable conditions

can be imposed, upon the applicant, in case, ordered to be

released on bail.

16. Considering all these facts, this Court is of the

view that the bail application is liable to be allowed and is

accordingly allowed.

17. Consequently, the applicant is ordered to be

released, on bail, in case FIR No.02 of 2024, dated 11 2025:HHC:12518

01.01.2024, registered under Sections 306, 384, 201 and

34 of the IPC, with Police Station Fatehpur, District

Kangra, H.P., on his furnishing personal bonds in the sum

of Rs.1,00,000/-, with two sureties of the like amount, to

the satisfaction of the learned trial Court.

18. This order, however, shall be subject to the

following conditions:-

a) The applicant shall make himself available for the purpose of interrogation, if so required 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 application;

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

c) The applicant shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or the Police Officer, and