As per case facts, applicant Prakash Kumar sought bail in a criminal case involving the death of one person and injuries to others during a dispute. He was implicated through ...
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IN THE HIGH COURT OF HIMACHAL PRADESH AT
SHIMLA
Cr. MP(M) No. 70 of 2026
Reserved on : 23.3.2026
Decided on : 31.3.2026
Prakash Kumar
…Applicant
Versus
State of H.P.
…Respondent
_______________________________________________________
Coram
Hon’ble Mr. Justice Virender Singh, Judge
Whether approved for reporting?
________________________________________________
For the Applicant :Mr. G.S. Rangi and Ms.Sakshi
Thakur, Advocates.
For the Respondent :Mr. Tejasvi Sharma, Addl. A.G.
Virender Singh, Judge
Applicant Prakash Kumar has filed the
present application, under Section 483 of Bharatiya
Nagarik Suraksha Sanhita (hereinafter referred to as
‘the BNSS’) for releasing him, on bail, during the
pendency of the trial, arising out of FIR No. 207 of
2024, dated 25.8.2024, registered under Sections
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103, 127 (2), 125(B), 61(2), 3(5) of the Bharatiya
Nyaya Sanhita, (hereinafter referred to as the ‘BNS’
Act), with Police Station, Baddi, District Solan, H.P.
2. The applicant has pleaded the fact that he is
innocent person and has falsely been implicated, in
the present case, as he has no concern, whatsoever,
with the offences, for which, he has been arrested, by
the police, in this case.
3. According to the applicant, he is a young man
of 27 years and having no criminal history. He has
further pleaded that vague allegations have been
levelled against him, which have been described as
false, baseless and concocted one. He was arrested
on 14.9.2024 and from that day, he is in judicial
custody.
4. Investigation, in the present case, is stated to
be completed, and nothing is to be recovered from
him, or at his instance. All these facts have been
pleaded to show that custodial interrogation of the
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applicant is no longer required by the police and no
useful purpose would be served by keeping him in
judicial custody.
5. According to the applicant, no Test
Identification Parade of the applicant was got
conducted. By highlighting this fact, applicant has
demonstrated that he is not involved in the present
case.
6. The applicant has tried his luck by moving
similar application, before the Court of learned
Additional Sessions Judge, Nalagarh, District Solan,
H.P. However, the same has been dismissed, vide
order dated 1.11.2025.
7. Learned counsel for the applicant has prayed
for the relief of bail on the ground of parity also, as
his co-accused Yog Raj has been released on bail, by
this Court, on 7.7.2025.
8. The applicant, through his counsel, has
undertaken to abide by the terms and conditions, to
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be imposed by this Court, in case, he is ordered to be
released on bail, during the pendency of the trial.
9. On these submissions, a prayer has been
made to allow the bail application.
10. When put to notice, the police has filed the
status report, disclosing therein, that on 25.8.2024,
HC Amarjeet Singh, I.O., Police Station, Baddi,
telephonically informed the Police that at a place
known as ‘Sandoli Khawadiyan’, on the road, one
person is lying in injured condition, and one person
is lying unconscious. Both these persons were stated
to be taken for treatment to CHC, Baddi, upon which,
Inspector/SHO, alongwith other police officials
reached at Sandoli Khawadiyan, in order to verify the
facts.
10.1When, they reached at CHC, Baddi, two
persons were found injured, who were brought for
treatment. The Doctor declared injured Lakshmi Kant
as fit to make statement. Thereafter, Lakshmi Kant
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was referred to PGIMER, Chandigarh, for treatment,
whereas, Rahul was declared dead.
10.2At CHC, Baddi, statement of Lakshmi Kant
was got recorded, under Section 173 of BNSS,
disclosing therein that he is resident of the address,
mentioned in the complaint. He alongwith, two other
persons were stated to be residing in a rented
accommodation at Panchkula. Rahul was stated to
be the close friend of complainant.
10.3The complainant has further got recorded in
his statement that on 25.8.2024, he, alongwith his
friends, have reached Baddi at about 3:30 p.m. After
reaching there, Rahul, alongwith two other persons,
went to bring Ganja (charas), upon which,
complainant objected that they came from outside
and they should spend the money wisely, however,
while paying the money for Charas, the persons, who
allegedly were selling the Charas, demanded more
money, and when, Rahul refused to pay the amount
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to the said persons, then, a quarrel had taken place.
Those persons, being local residents, brought dandas
from nearby huts and the complainant party was
mercilessly beaten.
10.4According to the complainant, he does not
know the assailants, but can identify them, in case,
they are shown to him. The assailants were stated to
be the young persons, between 20 to 27 years of age.
The complainant was also not aware about the name
of the place, where incident had taken place.
However, the said place was near road. Thereafter,
complainant and his friend Rahul were taken to
CHC, Baddi, where complainant came to know that
his friend Rahul has expired. As such, he requested
that action be taken against those unknown persons,
upon which, the Police registered the FIR in question.
10.5Thereafter, the spot was got inspected from
FSL expert. As per the direction of the FSL expert,
physical evidence, so found there, was preserved and
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taken into possession. Thereafter, Section 127(2) of
the BNS was added, in this case. The dead body of
Rahul was brought to IGMC, Shimla, for post-mortem
examination. Thereafter, the dead body of Rahul was
handed over to his relatives, for performing his last
rites.
10.6During investigation, involvement of Chetan
Singh, Ram Karan, Karan Kumar @ Soni Bangala
was found in the incident. These three persons were
associated in the investigation, and were arrested, on
26.8.2024, at 7:35 p.m.
10.7Since, complainant had got recorded in his
statement, under Section 173 of BNSS that he can
identify the assailants, the Test Identification Parade
of the aforesaid three persons was to be conducted,
as such, they were kept, in muffled faces. Their
medico-legal examination was also got conducted
from CHC, Baddi, in the same condition (muffled
faces). The wearing apparels, worn by the aforesaid
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persons, at the relevant time, were also taken into
possession.
10.8On 27.8.2025, accused Chetan, Ram Karan
and Karan Kumar were produced before the Court
and were remanded to the judicial custody. During
investigation, the SIT also found involvement of Nitin
Kashyap, Sonu Kumar, Chhotu, Bablu Aheerwar,
Shantanu and Praveen. They were also arrested on
27.8.2024 at 4 P.M. Since, their Test Identification
Parade, was also to be conducted, as such, they
were also kept in muffled faces.
10.9Thereafter, accused Ravi Kumar was also
arrested on 30.8.2024. He was also kept in muffled
face, for conducting the Test Identification Parade.
Thereafter, accused Ajay Kumar was also arrested
and he has also been kept in custody in muffled face,
for conducting the Test Identification Parade.
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10.10On 4.9.2024, the Test Identification Parade
was conducted by the learned JMFC-2, Solan, and all
the 11 persons were got identified by Ankush.
10.11On 4.9.2024, accused Rahul Kumar was
arrested, in this case. On 5.9.2024, accused, Rahul
Kumar, during police remand, has identified the
place and memo under Section 23 of the BSA was
prepared.
10.12On 10.9.2024, accused Sonu Kumar made
statement, under Section 23 of the BSA and
identified the kiosk, and got recovered the bamboo
stick, which was also taken into possession. On
11.9.2024, accused Karan Kumar also made
statement, under Section 23 of the BSA, and got
recovered the bamboo stick, painted with red colour
paint, from tin shed, situated at Chakka road, Baddi,
which was also taken into possession. CDRs of the
mobile phone numbers of accused persons were
obtained from the service provider.
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10.13On 11.9.2024, all the accused persons, had
identified the place of occurrence, hence, memo
under Section 23 of BSA was prepared. On
11.9.2024, Sanjeev Kumar, @ Sonu made statement
under Section 180 of BNSS, according to which, Yog
Raj, had directed accused Chetan, through video call,
to bring the complainant party to the gambling place
at Chakka road. Thereafter, the unknown persons
are stated to have beaten them up, and without
providing them treatment, they were taken here and
there. Due to this fact, one person is stated to have
expired.
10.14With the help of artificial intelligence,
involvement of applicant Prakash Chand was found
and he was associated in the investigation and later
on, arrested on 14.9.2024 at 6:30 p.m.
10.15During investigation, on 17.9.2024, applicant
Prakash Kumar made a statement, under Section 23
of BSA and identified the shop of Yog Raj, allegedly
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used for gambling, and got recovered the scanner,
which was also taken into possession.
10.16On 18.9.2024, accused Lukesh @ Jassi was
associated in the investigation, and arrested on
19.9.2024. During investigation, on 21.9.2024, Yog
Raj has made a statement, under Section 23 of BSA
and identified the place of gambling and disclosed
that from his place of gambling, at Chakka road, he
can get recovered the scanner. Thereafter,
compliance of Section 23 of BSA was made.
10.17On 6.11.2024, accused Rakib was arrested
from Utter Pradesh. During investigation, accused
Rakib has disclosed that on 25.8.2024, he alongwith
his companions, Shantanu, Praveen Kumar and
others had beaten the unknown persons at truck
union, Baddi. On 10.11.2024, accused Rakib had
identified the said place.
10.18It has been mentioned in the status report
that on the basis of investigation, it has been found
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that on 25.8.2024, deceased Rahul, alongwith his
companions, Lakshmi Kant, Saurav, Navneet @
Shiva, Ankush, Kapil, Karan, Ritik and Arjun
reached at Baddi, by bus. Thereafter, they are stated
to have gone to a place at bye pass road, near fire
station, where deceased Rahul and Lakshmi Kant
had gone to kiosk to bring Ganja (charas), and the
other persons remained on the road. Accused Sonu,
Anmol @ Tejua, Ravi Kumar, Bablu Aheerwar and
Nitin Kashyap were already present, where accused
Sonu had given a packet of ganja (charas) to Rahul
Rai, but dispute had arisen between them, with
regard to the value of said ganja (charas). Rahul Rai
(deceased) and Lakshmi Kant, after arguing with
them, are stated to have fled away from there. They
were stated to have been chased by accused Sonu,
Anmol @ Tejua, Ravi Kumar, Bablu Aheerwar and
Nitin Kashyap, upto truck union, Baddi, where they
had nabbed Rahul and Lakshmi Kant, Ankush and
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Navneet, whereas, other companions of deceased
Rahul, namely, Ritik, Arjun, Karan, Saurav and Kapil
are stated to have fled away from the spot.
10.19Thereafter, accused persons, telephonically
called their companions, namely, Sonu, Praveen,
Rahul, Shantanu, Prakash (applicant), Lukesh,
Rakib, Chhotu, Chetan and CCL (a) (name withheld).
Thereafter, accused Sonu, Nitin Kashyap, Karan
Kumar, Ravi Kumar, Shantanu, Rakib and CCL (b)
had beaten up Rahul and Lakshmi Kant with the
sticks. From the spot, accused Chetan made a video
call to Yog Raj and shown him the injured persons,
upon which, Yog Raj stated that lesson is required to
be taught to them and further directed him to recover
their mobile phones and money and take them to
their gambling place.
10.20Thereafter, at the instance of Yog Raj,
accused Chetan alongwith other persons, brought
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them in their vehicle, bearing No. HR-49J-4947 to
their gambling place.
10.21It has been mentioned in the status report
that accused Karan Kumar @ Sonu Bangala and
Shantanu cut the hair of deceased Rahul and
thereafter, all the injured persons were taken to
Katha from Khabadiya Sandoli, where, due to
commotion, they threw the injured persons, near
cremation ground at Khabadiya Sandoli, from where
injured Ankush and Navneet left the spot by taking
lift from someone, whereas deceased Rahul and
injured Lakshmi Kant were lying on the spot.
10.22It has further been mentioned in the status
report that accused Chetan and Yog Raj had talked
to each other, at the time of the incident.
10.23On the basis of aforesaid facts, it is the case
of the Police that against accused Chetan, CCL(a),
CCL(b), Karan Kumar, Nitin Kashyap, Sonu Kumar,
Chhotu, Bablu Aheerwar, Shantanu, Praveen, Ravi
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Kumar, Rahul Kumar, Prakash Kumar (applicant),
Lukesh @ Jassi, Rakiv and Yog Raj, charge sheet has
been prepared for the offences, punishable under
Sections 103, 3(5), 127(2), 125(2) and 61(2) of BNS,
whereas accused Ajay Kumar and Ram Karan are
stated to be kept in Column No. 12.
10.24Charge Sheet is stated to have been filed on
23.11.2024.
10.25As per the further stand of the Police on
10.9.2024, co-accused Ram Karan @ Soni Bangala
disclosed/revealed to the I.O. that he was present
near Truck union, then, at about 2:00-3:00 p.m.,
stone pelting started. Commotion was also there. 9-
10 persons were present there, who were having
knives and swords in their hands.
10.26The applicant has further disclosed that he is
running the illegal business of Satta with the help of
Chetan and also informed that few days ago, a sum
of Rs. 1,00,000/- was looted.
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10.27It is the further case of the applicant that his
involvement was also found in the alleged revelations
made by accused Ram Karan, Chhotu, as well as, on
the ground that on 17.9.2024, applicant Prakash
Chand made disclosure statement, under Section 23
of the Bharatiya Sakshya Adhiniyam and got
recovered the scanner from the shop of Yog Raj,
which was also taken into possession.
10.28On the basis of above facts, a prayer has been
made to dismiss the application.
11. Involvement of the applicant, in the present
case, as per the stand taken by the Police, was found
on the basis of alleged disclosure/revelations made
by his co-accused. Whatever disclosed by co-
accused Ram Karan and Chhotu was revealed by
them, when, they were in police custody. As such,
the same cannot be used against his co-accused.
Hence, on the basis of alleged revelation/disclosure
made by co-accused Ram Karan, nothing can be
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attributed against the applicant. In this case, on the
disclosure statement, allegedly made by the
applicant, a scanner is stated to have been recovered.
However, the said recovery is too short to decline the
relief of bail to the applicant.
12. Whatsoever disclosed by the co-accused of
the applicant against him, is inadmissible in
evidence.
13. Moreover, considering the fact that co-
accused of the applicant, Yog Raj has already been
released on bail by this Court, vide order dated
7.7.2025, passed in Cr. M.P.(M) No.753 of 2025,
titled as, ‘Yog Raj versus Stateof H.P.’, this Court is of
the view that the applicant is also entitled for the
relief, as prayed for in the application.
14. In the absence of any specific role, attributed
in the crime in question, if the applicant is ordered to
be kept in judicial custody, that too for indefinite
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period, it would be nothing, but pre-trial
punishment, which is prohibited under the law.
15. So far as the apprehensions, which have been
expressed by the Police, in the status report, are
concerned, reasonable conditions can be imposed
upon the applicant, in case, ordered to be released on
bail.
16. Considering all these facts and the fact that
the trial of the case will take sufficient long time for
its conclusion, this Court is of the view that applicant
is able to make out a case, in his favour and no
useful purpose would be served by keeping him in
judicial custody, that too, for indefinite period.
17. Consequently, the applicant is ordered to be
released on bail, in case FIR No. 207 of 2024, dated
25.8.2024, registered under Sections 103, 127 (2),
125(B), 61(2), 3(5), with Police Station, Baddi,
District Solan, H.P., on his furnishing personal bond
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in the sum of Rs. 50,000/-, with two sureties, in the
like amount, to the satisfaction of learned trial Court.
18. This order, however, shall be subject to the
following conditions:-
a) 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 the appropriate application;
b) Applicant shall not tamper with the prosecution
evidence nor hamper the investigation of the case in
any manner whatsoever;
c) 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
d) Applicant shall not leave the territory of India
without the prior permission of the Court.
19. Any of the observations, made herein above,
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.
20. It is made clear that the respondent-State is
at liberty to move an appropriate application, in case,
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any of the bail conditions is found to be violated by
the applicant.
21. The Registry is directed to forward a soft copy
of the bail order to the Superintendent of Sub-Jail,
Nalagarh, through e-mail, with a direction to enter
the date of grant of bail in the e-prison software.
22. In case, the applicant is not released within a
period of seven days from the date of grant of bail, the
Superintendent of Sub-Jail, Nalagarh is directed to
inform this fact to the Secretary, DLSA, Solan. The
Superintendent of the Sub-Jail, Nalagarh is further
directed that if the applicant fails to furnish the bail
bonds, as per the order passed by this Court within a
period of one month from today, then, the said fact be
submitted to this Court.
23. Record be returned back.
(Virender Singh)
Judge
March 31, 2026 (Kalpana)
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