Himachal Pradesh High Court

Harsh Kumar vs State Of H.P on 27 May, 2025

Author: Virender Singh

Bench: Virender Singh

( 2025:HHC:16073 )1

IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr.MP(M) Nos.1090 & 1091 of 2025 Reserved on:- 21.05.2025 Date of Decision: 27.05.2025 Cr.MP(M) No.1090 of 2025

Harsh Kumar ...Applicant

Versus

State of H.P. .....Respondent ________________________________________________ Cr.MP(M) No.1091 of 2025

Ajay ...Applicant

Versus State of H.P. ..Respondent

Coram:

The Hon'ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the Applicant(s) : Mr. Hemant Kumar Thakur, Advocate.

For the Respondent(s)                  :   Mr. Tejasvi Sharma and Mr. H.S.
                                           Rawat, Additional Advocates
                                           General with Ms. Ranjna Patial,
                                           Deputy      Advocate   General,
                                           assisted     by    ASI   Chetan
                                           Chauhan, Police Station, Jubbal,
                                           District Shimla, H.P.
Virender Singh, Judge

The above-titled bail applications are being disposed

of by this common order, as both the bail applications have been

filed, in the same FIR, i.e. FIR No.15 of 2025, dated 19.02.2025

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

( 2025:HHC:16073 )2

(hereinafter referred to as the 'FIR in question'), registered under

Sections 109(1), 117(2), 126(2), 115(2), and 3(5) of the

Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the

'BNS'), with Police Station Jubbal, District Shimla, H.P.

2. The above-mentioned bail applications have been

filed, under Section 483 of the Bharatiya Nagarik Suraksha

Sanhita (hereinafter referred to as 'BNSS'), for releasing the

above-named applicants, on bail, in the FIR in question, during

the pendency of the trial.

3. According to the applicants, they are the law-abiding

citizens and have been implicated and arrested, in this case, on

the basis of the false complaint, made by the complainant.

4. As per the applicants, the case, alleged against

them, is false and concocted one.

5. Applicants-Harsh Kumar has filed Bail Application

No.173 of 2025 before the Court of learned Additional District

and Sessions Judge, Rohru, District Shimla, H.P., however, the

said application was dismissed vide order dated 05.05.2025,

whereas, applicant-Ajay had filed Bail Application No.172 of

2025, before the Court of learned Additional District and

Sessions Judge, Rohru, District Shimla, H.P., however, the said

application was also dismissed, vide order dated 05.05.2025.

( 2025:HHC:16073 )3

6. Both the applicants are stated to be in judicial

custody and according to them, their custodial interrogation is no

longer required, by the police.

7. On the basis of the above facts, Mr. Hemant Kumar

Thakur, learned counsel, appearing for the applicants, has given

certain undertakings, on behalf of the applicants, for which, they

are ready to abide by, in case, ordered to be released on bail.

8. 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, ( 2025:HHC:16073 )4

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

complainant was working as a driver with Surender Raitka, at

Rohru.

8.1. 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.

8.2. 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.

( 2025:HHC:16073 )5

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 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.

8.3. 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.

8.4. 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.

( 2025:HHC:16073 )6

8.5. 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 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 applicants and his

accomplices had beaten the complainant. The said baseball bat

has also been taken into possession.

8.6. On 21.02.2025, Harsh Kumar(applicant in Cr.MP(M)

No.1090 of 2025 and Ajay (applicant in Cr.MP(M) No.1091 of

2025) 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

( 2025:HHC:16073 )7

treatment, as such, both the applicants were directed to come

present before the police, as and when, directed by the police to

do so.

8.7 On 23.02.2025, the statements of injured Joginder

Pal and his brother Rajesh were recorded under Section 180 of

BNSS.

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

treatment of Joginder Pal was obtained from IGMC, Shimla and

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

requested to give the final opinion, who 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.

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

6531, Anil Kumar and applicant-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, applicant-

Ajay had produced his Driving Licence, which was also taken

into possession. Applicant-Harsh was arrested on 03.03.2025 at

7:00 PM, whereas, applicant-Ajay was arrested, on the same

day, at 7:30 PM.

( 2025:HHC:16073 )8

8.10. During enquiry from Harsh Kumar and Ajay,

involvement of one Rameshwar 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. However, said

Rameshwar Singh could not be arrested and thereafter arrest

warrants were obtained from the Court of Additional Chief

Judicial Magistrate, Rohru Camp at Jubbal.

8.11. It is the further case of the police that except from

the present case, no other case has been found to be registered

against both the applicants.

8.12. After the completion of the investigation, the police

has submitted the charge sheet before the Court of learned

Additional Chief Judicial Magistrate, Rohru.

8.13. Lastly, it has been mentioned in the status report that

the arrest of accused-Rameshwar, is yet to be made.

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

made to dismiss the application.

10. Investigation, in the present case, is complete, as the

police has filed the charge sheet in the case. The only objection,

which has been raised by the police in this case is that the third

accused, namely Shri Rameshwar, has not yet been arrested. In

such situation, the material question, which arises for ( 2025:HHC:16073 )9

determination before this Court is that on the said plea, i.e. non-

arrest of accused Rameshwar, can the applicants be kept in the

judicial custody, till the arrest of the third accused. Answer to

this question is in negative, as the accused persons are

presumed to be innocent till their guilt is proved by the

prosecution in the trial.

11. Both the applicants are permanent residents of

District Shimla. As such, it cannot be apprehended that in case,

they are ordered to be released on bail, they may not be

available for the trial.

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

appearing for the applicants that in the statement made by the

complainant, under Section 173 of BNSS, names of assailants

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, applicants-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 ( 2025:HHC:16073 )10

and his brother were recorded under Section 180 of BNSS on

23.02.2025.

13. Although at the time of deciding the bail applications,

detailed discussions about the case of the prosecution should be

avoided, but, considering the stand, as taken by the police in the

status report, the above material facts cannot be ignored.

14. Even otherwise, the role of the applicants in the

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

The chances of commencement and conclusion of trial against

the applicants, in near future, are not so bright, as such, the bail

applications cannot be rejected as a matter of punishment, as,

pre-trial punishment is prohibited under the law.

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

that the applicants are able to make out a case in their favour for

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

the bail applications are liable to be allowed and are allowed,

accordingly.

16. Consequently, the applicants are ordered to be

released, on bail, during the course of trial, arising out of FIR

No.15 of 2025, dated 19.02.2025, registered under Sections

109(1), 117(2), 126(2), 115(2), and 3(5) of BNS, with Police

Station, Jubbal, District Shimla, H.P., on their furnishing personal ( 2025:HHC:16073 )11

bonds in the sum of Rs.50,000/- each, with one surety each of

the like amount, to the satisfaction of the learned trial Court.

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

conditions:-

a) The applicants 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 application;

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

c) The applicants 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