Himachal Pradesh High Court

Arun Kumar vs State Of H.P on 14 May, 2025

Author: Virender Singh

Bench: Virender Singh

                 12025:HHC:14183




 IN THE HIGH COURT OF HIMACHAL PRADESH AT
                  SHIMLA
                   Cr. MP(M) Nos. 939 of 2025 to
                                    951 of 2025

                               Decided on : 14.5.2025

1. Cr. M.P. (M) No. 939 of 2025

Arun Kumar
                                     ...Applicant
                         Versus

State of H.P.
                                    ....Respondent
2. Cr. M.P. (M) No. 940 of 2025

Kailash
                                    ..Applicant
                         Versus

State of H.P.
                                    ...Respondent
3. Cr. M.P. (M) No. 941 of 2025

Rajender Singh
                                    ..Applicant
                         Versus

State of H.P.
                                    ..Respondent

4. Cr. M.P. (M) No. 942 of 2025

Sameesh

                                    ..Applicant
                         Versus

State of H.P.
                  22025:HHC:14183

                                   ...Respondent

5. Cr. M.P. (M) No. 943 of 2025

Albel Singh
                                   ..Applicant

                  Versus

State of H.P.
                                   ..Respondent
6. Cr. M.P. (M) No.944 of 2025

Yajuvendra
                                   ..Applicant
                  Versus

State of H.P.
                                   ..Respondent
7. Cr. M.P. (M) No.945 of 2025

Avinash
                                   ..Applicant
                  Versus

State of H.P.
                                   ..Respondent
8. Cr. M.P. (M) No.946 of 2025

Narender
                                   ..Applicant
                  Versus

State of H.P.
                                   ..Respondent
9. Cr. M.P. (M) No. 947 of 2025

Subhash
                                   ...Applicant
                  Versus
State of H.P.
                                   ..Respondent
                     32025:HHC:14183

10. Cr. M.P. (M) No. 948 of 2025
Pramod
                                      ...Applicant
                      Versus

State of H.P.
                                      ...Respondent
11. Cr. M.P. (M) No. 949 of 2025

Sunit @ Kush
                                      ..Applicant
                      Versus

State of H.P.
                                      ..Respondent
12. Cr. M.P. (M) No. 950 of 2025

Ranbir Singh
                                      ...Applicant
                      Versus

State of H.P.
                                      ..Respondent

13. Cr. M.P.(M) No. 951 of 2025

Ranjot
                                      ..Applicant
                      Versus

State of H.P.
                                      ..Respondent

_______________________________________________________
Coram
Hon'ble Mr. Justice Virender Singh, Judge
Whether approved for reporting?
_______________________________________________________

For the Applicants :        Mr. Sudhir Thakur, Senior
                            Advocate with Mr. Karun
                            Negi, Advocate.
                        42025:HHC:14183

     For the Respondent :  Mr. Rohit Sharma, Deputy
                           Advocate General, assisted
                           by S.I. Rajvinder Singh, SHO
                           Police    Station,   Rajgarh,
                           District Sirmour, H.P.
           Virender Singh, Judge (oral)

This order of mine shall dispose of the present

bail applications, which have been filed by the

applicants, under Section 483 of the Bharatiya Nagarik

Suraksha Sanhita (hereinafter referred to as 'the BNSS')

in case FIR No. 21 of 2025, dated 20.3.2025, registered

under Sections 326 (a), 303 (2), 352, 190, 191 (2), 351

(3) of the Bharatiya Nyaya Sanhita (hereinafter referred

to as 'the BNS'), Sections and Section 3(1)(s) of Schedule

Castes and Schedule Tribes Act (hereinafter referred to

as 'the SC & ST Act'), with Police Station, Rajgarh,

District Sirmour, H.P., by surrendering themselves to

the custody of the Court, on 1.5.2025.

2. By surrendering themselves to the custody of

the Court, they have sought their release on bail, in the

aforesaid FIR.

52025:HHC:14183

3. According to the applicants, they are

innocent persons and have falsely been implicated in the

present case.

3. According to the applicants, they are ready to

abide by any conditions to be imposed by this Court, in

case, ordered to be released on bail.

4. The applicants have given certain

undertakings, through their counsel, for which, they are

ready to abide by, in case, relief is granted to them.

5. When, put to notice, the Police filed status

report, disclosing therein that on 3.12.2024,

complainant Jagat Ram made a report to the Police

Station, Rajgarh, disclosing therein that as per the order

dated 3.12.2024, passed by the Court of learned

Additional Sessions Judge, Sirmour at Nahan,

complainant Jagat Ram was permitted to lay water pipe

from the water source, and the case was ordered to be

listed on 23.3.2025 before the Court of learned JMFC,

Rajgarh, District Sirmour, H.P. 62025:HHC:14183

5.1 Thereafter, the complainant on 17.3.2025,

laid 50 feet water pipe to get the water facility. On

19.3.2025, 13 persons of village Bhanat, namely, Arun

Kumar S/o Lachhmi Nand, Rajinder S/o Het Ram,

Ranbir Singh S/o Gopi Ram, Kailash S/o Pratap Singh,

Ranjot, Subhash S/o Shiv Ram, Pramod S/o Vedvyas,

Albel Singh S/o Ghanu Ram, Kush S/o Kaku Ram and

Narender S/o Ramanand damaged the pipe and took the

same to their village. When, the complainant called the

persons, who were taking away the pipes, they abused

him and applicants Arun Kumar, Rajender, Yajuvender

and Avinash told the complainant that they shall not

permit him to carry the pipe and also uttered the words,

"Tu koli sar par chadha hua hai, tujhe hum batayenge".

5.2 On the basis of above facts, the Police

registered the FIR in question.

5.3 Thereafter, the investigation of the case was

entrusted to the SDPO, Sirmour, H.P. Subsequently, the

I.O. visited the spot in the presence of the complainant

and spot map was prepared. Photography and 72025:HHC:14183

videography was conducted on the spot. The statements

of the witnesses were recorded, under Section 180

BNSS.

5.4 Thereafter, requisite correspondence was

made to obtain caste certificate, pedigree table and

notification specifying the castes.

5.5 On 24.3.2025, the complainant produced the

copy of order dated 3.12.2024, passed by the Court of

learned Additional Sessions Judge, Sirmour at Nahan. In

the status report, operative portion of the judgment has

also been reproduced, which reads as under:

"In view of my finding on Point No. 1 above, the instant appeal succeeds and the impugned order dated 01.02.2024 passed in civil Misc. Application No 232/2023 is modified to the following extent that the respondents are hereby restrained from interfering/removing an any manner the water pipe line installed by the applicant/plaintiff from the said water source over the land comprised in Khasra No 215/2, which is part of Khasra No 215 situated in revenue village Bhanat, Tehsil Rajgarh, District Sirmaur, HP either by themselves or through their agents etc. till final disposal of the main suit. It is however made clear that the observations made herein above are solely for the disposal of this appeal and shall not be construed as an expression of opinion on the merits on the main suits. The record of the trial court alongwith a copy of this judgment be returned forthwith and the appeal file after completion be consigned to the record room. Announced in the open Court today the 3rd December, 2024."

82025:HHC:14183

5.6 It is the further case of the Police that

applicant Arun Kumar submitted a complaint, disclosing

therein, that on the date of incident, he was in Haryana.

Thereafter, the requisite correspondence was made to

the service provider of mobile phone No. 98574-34998,

issued in the name of applicant Arun Kumar.

5.7 On 1.4.2025, as per the report made by

Tehsildar, Rajgarh, the complainant was found to be

from 'Koli' caste, which falls within the definition of

"Schedule Castes", whereas, the applicants were found

to be from 'General Category' (Rajput Caste).

5.8 It is the further case of the Police that tower

location of mobile phone used by applicant Arun Kumar

was found near Gurukul School, Kurukshetra, on the

date of incident.

5.9 It is the further stand of the Police that as per

the orders passed by the Court of learned Additional

Sessions Judge, Sirmour, the complainant on 92025:HHC:14183

17.3.2025, has connected 50 feet pipe with the source

tank and facilitated to carry water to his home

5.10. On 19.3.2025, the complainant was present

alongwith the herd of sheeps in Kansela jungle, then, at

about 10:30 a.m., 12 persons from Bhanat village

removed the 50 feet pipe and threatened the

complainant to kill him and also made caste based

aspersions. Ram Gopal and Chaman Lal were also

present there. Accused persons also hurled stones

towards the complainant. They are also stated to have

taken away the plastic pipe with them.

5.11 On the basis of above facts, it has been

prayed that 50 feet pipe, which the applicants had

allegedly taken away, is yet to be recovered.

5.12 On the basis of above facts, the applicants

were ordered to be released on interim bail, with the

direction to join the investigation and the matter has

been adjourned for 6.5.2025.

5.13 On 6.5.2025, complainant appeared in

person. On that date, Police filed supplementary status 102025:HHC:14183

report. In pursuance of the directions issued by this

Court, the applicants have joined the investigation. The

plastic pipe was also taken into possession. After the

same was identified by the complainant to be the same

pipe, which the applicants had taken away, the length of

the said pipe was measured and the same was found to

be 21 feet.

5.14 Today, the complainant has filed the

objections through his counsel, in which, apart from the

civil litigation, between the parties, it has been pleaded

that the applicants, in connivance with the department

have thrown away the pipe line. He has asserted his

claim to lay the pipe line, on the basis of decision of the

Court of learned Additional Sessions Judge, Sirmour at

Nahan.

5.15 According to the complainant, the applicants

have violated the orders passed by the Court of learned

Additional Sessions Judge, Nahan, H.P. Apart from this,

he has apprehended that in case, the interim order(s)

dated 1.5.2025 are made absolute, the applicants may 112025:HHC:14183

tamper with the evidence. As such, complainant has

prayed that the bail applications may kindly be

dismissed.

5.16 In the status report, filed by the Police, it has

been pleaded that the respondent No. 2/complainant is

having dispute with Jal Shakti Department, regarding

source of water, which is situated on khasra No. 215/2,

in revenue village Bhanat.

5.17 Lastly, it has been apprehended by the Police

that nothing is to be recovered from the applicants and

investigation, in the present case, is almost complete.

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

been made to dismiss the application.

7. Heard.

8. Investigation, in the present case, is complete

and the role, allegedly played by the applicants, in the

commission of offences, will be proved during the trial.

At the time of deciding the bail applications, the detailed

discussion about the material collected by the I.O.

122025:HHC:14183

should be avoided, as it would cause prejudice to the

case of prosecution or to the case of accused.

9. The bail applications cannot be dismissed, as

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

prohibited under the law, and the applicants are

presumed to be innocent, till the conclusion of the trial.

10. Considering all these facts, the interim orders

dated 1.5.2025 passed in all the cases, are liable to be

confirmed. Consequently, interim orders dated 1.5.2025,

passed in all the cases, are made absolute. This order,

however, shall be subject to the following conditions:-

a) That the applicants shall join the investigation of the case, as and when called for, by the Investigating Officer, in accordance with law;

b) That the applicants shall not leave India, without prior permission of the Court.

c) That the applicants shall 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.

d) That the applicants shall make themselves available for the purpose of interrogation, if so required and regularly attend the trial Court, on each and every date of hearing, 132025:HHC:14183

and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application.

11. In view of above, the bail application are

disposed of. The pending application(s) if any, are also

disposed of.

12. 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 applications.

13. The applicants are directed to move regular bail

application, when, charge sheet will be filed in the competent

Court of law.

14. It is made clear that the respondent-State is at

liberty to move an appropriate application(s), in case, any of