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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. MP(M)s No.: 2983, 2999
and 3001 of 2025
Reserved on : 1.1.2026
Decided on : 5.1.2026
1. Cr. M.P. (M) No. 2983 of 2025
Rahul Chauhan
..Applicant
Versus
State of H.P.
..Respondent
2. Cr. M.P.(M) No. 2999 of 2025
Vikas Bharti ...Applicant
Versus
State of H.P. ...Respondent
3. Cr.M.P.(M) No. 3001 of 2025
Vikrant Chauhan ...Applicant
Versus
State of H.P. …Respondent
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Coram
The Hon’ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?
1
For the Applicant(s) : Mr. N.S. Chandel and Mr. Ajay
Kochhar, Senior Advocates,
assisted by Mr. K.S. Gill and
Ms.Pritika Thakur, Advocates.
For the respondent : Mr. Tejasvi Sharma, Mr.
Mohinder Zharaick, Additional
Advocates General, assisted by
ASI Devender Kumar,
Police Station, Sadar Chamba,
H.P.
Virender Singh, Judge
The above titled bail applications are being
disposed of by a common order, as the applicants have
filed the present applications, under Section 483 of
Bharatiya Nagarik Suraksha Sanhita (hereinafter
referred to as ‘the BNSS’) for releasing them, on bail,
during the pendency of the trial, arising out of FIR No.
63 of 2025, dated 26.6.2025, registered under Sections
103(1) and 3(5) of Bharatiya Nyaya Sanhita
(hereinafter referred to as ‘the BNS’), registered with
Police Station, Tissa, District Chamba, H.P.
1
Whether Reporters of local papers may be allowed to see the judgment? Yes.
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2. The applicants have pleaded the fact that
they are innocent persons and have falsely been
implicated, in the present case. In the present case,
the applicants were arrested on 27.6.2025 and they
remained in police custody and presently, they are in
judicial custody.
3. According to the applicants, investigation, in
the present case, is completed and Police could not
collect any evidence, connecting them, with the crime
in question.
4. As per the further case of the applicants,
during investigation, scene of occurrence was visited
by the Assistant Director of District Forensic Unit,
Nurpur and submitted the report, according to which,
possibility of fall from the crash barrier located near
Hotel Shaan cannot be ruled out.
5. Apart from this, the applicants have further
pleaded that ethyl alcohol found in the body of the
deceased was 339.06 mg%. From the said fact, it has
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been argued that the possibility of fall of deceased
under the influence of liquor can also not be ruled out.
6. Applicants Vikrant Chauhan, Vikas Bharti
and Rahul Chauhan have earlier tried their luck by
moving applications before the learned Additional
Sessions Judge, Chamba, District Chamba, H.P.,
which were dismissed on 28.7.2025, 25.9.2025 and
1.11.2025, respectively.
7. Thereafter, applicants Vikrant Chauhan and
Vikas Bharti have approached this Court by moving
Cr. MP(M)s No. 2419 of 2025 and 2440 of 2025,
however, the same have been dismissed, as
withdrawn, vide orders dated 11.11.2025.
8. The applicants, through their counsel, have
given certain undertakings, for which, they are ready
to abide by, in case, ordered to be released on bail,
during the pendency of the trial.
9. On the basis of above facts, a prayer has
been made by the applicants to release them on bail,
during the pendency of the trial.
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10. When, put to notice, the Police has filed the
status report, disclosing therein, that on 26.6.2025, at
about 8:32 a.m., HC Suresh Kumar , I.O., Police Post
Nakrod has telephonically informed the police of Police
Station, Tissa that a dead body is found lying at Sarela
and requested the Police to reach there, upon which,
ASI Pradeep Singh, alongwith other police officials,
reached at the spot. When, they reached at the spot,
H.C. Suresh Kumar, was already present there.
Thereafter, the factual position on the spot was verified
and the photographs were clicked and dead body was
taken into possession.
10.1. On the spot, complainant Deep made a
statement, disclosing therein, that he is working as
Salesman in the liquor vend at Chilli. Naveen Kumar,
S/o Sudesh Kumar is his brother-in-law, in relation
and was posted as J.E. with the IPH Department.
10.2 On 25.6.2025, Naveen Kumar came to
Chilli, on his motorcycle and told him that he has to go
to pay condolences at Kalhel, as some death had
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occurred there, and asked him to accompany him,
upon which, the complainant requested him to go
there on the next day, which request was aceeded to
by Naveen Kumar. Thereafter, Naveen Kumar told the
complainant that he has some work with Vikas, upon
which, he and Naveen Kumar went to Shaan Guest
House and parked the bike in front of the gate of Guest
House. Naveen Kumar told the complainant to go
back, as he wanted to stay with applicants Vikas
Bharti, Rahul Chauhan, Vikrant Chauhan and one
Ankit, for some time.
10.3 On the next morning, complainant came to
know about the fact that dead body of his brother-in-
law Naveen Kumar was found lying in Sarela Nala.
10.4 It is the further case of the complainant that
his brother-in-law was posted as J.E. in IPH
department at Kalhel and in connection with work,
above four persons used to meet each other, in the
said Guest House. On the next morning, the
complainant came to know about the fact that on
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account of some dispute, a verbal altercation and
quarrel had taken place and the aforesaid four
persons had killed his brother-in-law in Sarela. As
such, a prayer has been made to take action against
them, upon which, FIR has been registered.
10.5 Initially, the investigation was handed over
to ASI Pradeep Singh, I.O., Police Station, Tissa,
District Chamba, H.P. On the identification of the
complainant, spot was inspected, spot map was
prepared and photographs were clicked.
10.6 On 26.6.2025, the spot was got inspected
from DFU team, Nurpur. From the spot, physical
evidence, so found, was collected and taken into
possession. The motorcycle, upon which, deceased
Naveen Kumar went to Shaan Guest House, was also
taken into possession. The DFU team also visited room
No. 205 of Guest House Shaan, where the accused
persons and deceased Naveen Kumar had met and
quarrel had taken place.
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10.7 According to the Police, Naveen Kumar
sustained injuries on his nose. Statements of
witnesses were recorded, under Section 180 of BNSS.
Dead body was taken into possession and sent for
post-mortem examination to Pt. Jawahar Lal Nehru
Medical College and Hospital, Chamba. The post-
mortem examination of the dead body was conducted
on 27.6.2025 and the dead body was handed over to
his family members for conducting last rites. Physical
evidence was also collected from the spot by DFU
team.
10.8 On 27.6.2025, further investigation was
enrusted to Inspector Ashok Kumar, Incharge, Police
Station, Tissa, District Chamba, H.P. Accused persons
were arrested on 27.6.2025. All of them were medico-
legally examined and samples of their blood and urine
were got collected.
10.9 On 28.6.2025, accused persons were
produced before the Court of learned Judicial
Magistrate First Class, Dalhousie, District Chamba,
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H.P. and were remanded to police custody, till
2.7.2025.
10.10. On 29.6.2025, from village Sarela and
Lasui, the wearing apparels, allegedly worn by the
accused persons, at the time of incident, were taken
into possession. Footage of the CCTV cameras installed
there was also taken into possession.
10.11 The team of Doctors conducted the post-
mortem examination of the body of deceased and gave
their final opinion, which is as under:
“In my opinion the deceased died due to asphyxia
secondary to aspiration of gastric contents up to
the level of terminal bronchioles seen in a case of
multiple blunt trauma injuries to the body.
However, chemical examiners report is still
awaited.”
10.12 During investigation, it was found that on
25.6.2025, the work, which was awarded to Sai
Solution Shakti Company was completed. Due to this
fact, in room No. 205 of the Shaan Guest House,
Vikrant Chauhan, Vikas Bharti, Ankit Behal and
Rahul Chauhan were having party. In the meanwhile,
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J.E. Naveen alongwith complainant Deepu reached
there. In the verandah of the Guest House, a verbal
altercation took place between complainant and
applicant Rahul. The bone of contention of that quarrel
was their old animosity. Thereafter, J.E. Naveen
Kumar joined the aforesaid accused
persons/applicants in the said party. Naveen Kumar,
had shown his might, under the influence of liquor. He
was requested to leave the room, but Naveen Kumar
started abusing them and tried to beat them, upon
which, a scuffle had taken place, between them and
accused Ankit gave a fist blow on his nose. Thereafter,
all the accused persons had beaten him by giving push
and leg blows and ousted him from the room.
10.13 Later on, the applicants came to know that
the Guest House staffer Suresh Kumar and Paan
Chand cleaned the blood, from the body of Naveen
Kumar. The DFU team has also preserved the samples
from the room, where the Guest House employees
washed the hands and mouth of Naveen Kumar.
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10.14. According to the Police, due to the beatings
given by the accused persons, Naveen Kumar has
expired. His dead body was found at a distance of
about 60-70 meters away from Shaan Guest House, in
a rivulet. However, his motor cycle was found parked
in front of the Shaan Guest House gate. Since,
deceased Naveen Kumar, all of a sudden, abused the
accused persons, as such, all of them had beaten him
to death.
10.15 On 12.7.2025, information was obtained
from the Executive Engineer, IPH Department as to
whether the aforesaid accused persons have any
concern with the IPH department or not, upon which,
the Executive Engineer, IPH Department has replied by
stating that they have no concern whatsoever with the
IPH department, nor any evidence was found during
investigation that dead body was thrown in Sarela
Nala. The incident was not found to be an outcome of
an old animosity.
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10.16 During investigation, it was found that J.E.
Naveen Kumar, on 25.6.2025, was talking to someone
and was saying that a number of persons are after his
life and after a few hours, he was beaten and on
26.6.2025, his dead body was found in Sarela Nala.
Statements of brother of deceased, Gulshan and Ajay
Kumar were recorded, under Section 180 of the BNSS,
as alleged eye witnesses. On 26.6.2025, the DFU team
has given its report, which is reproduced as under:
“On the basis of aforesaid observations, it could be
inferred that:
1. The findings at Hotel Shaan were consistent
with a case of physical assault.
2. The possibility of fall from the crash barrier
located near Hotel Shaan could not be ruled out.”
10.17 As per the report of Regional Forensic
Science Laborator, Dharamshala, qua urine and blood
of the deceased, it has been opined that the ethyl
alcohol was found to be 339.06 mg % in the blood of
deceased Naveen Kumar.
10.18 After completion of investigation, charge
sheet has been filed on 23.9.2025 and the case is now
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listed before the learned Sessions Judge, Chamba,
District Chamba, H.P. Out of 41 witnesses, four
witnesses are stated to have been examined and two
witnesses are stated to have been given up, and the
case is now listed for recording evidence of PWs at
serial Nos. 1 and 25, for 14.1.2026.
11. On the basis of above facts, it has been
pleaded that accused persons have committed a
heinous crime, and in case, they are released on bail,
they may destroy the evidence and may coerce the
witnesses. Hence, a prayer has been made to dismiss
the application.
12. Investigation, in the present case, is
complete and applicants are in judicial custody. There
are total 41 witnesses, out of which, four have already
been examined and two have been given up. Now, the
case is stated to be fixed for 14.1.2026, for recording
the evidence of PWs 1 and 25. Meaning thereby, 33
witnesses are yet to be examined. As such, chances of
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conclusion of trial against the applicants, in near
future, are not so bright.
13. Except the present case, no other case is
found to have been registered against the applicants.
Meaning thereby, presumption of innocence is still
available to the applicants.
14. At the time of deciding the bail application,
the Court should not dwell deep into merits of the
case, to ascertain the guilt/innocence of the accused
persons, as the same is prerogative of the learned trial
Court to decide, on the basis of evidence, so adduced,
before it. However, the admitted position of the facts,
i.e. the evidence, so collected, by the Police, during
investigation, can be looked into.
15. As per the report of the DFU team, Nurpur,
the findings at Guest House Shaan were found
consistent with a case of physical assault, but, at the
same time, they have also given their opinion by
stating that possibility of fall from the crash barrier
near Hotel Shaan cannot be ruled out, as the dead
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body of the deceased was found at a distance of about
60-70 meters away from the Guest House, Shaan.
16. It is also not the case of the Police that
accused persons had allegedly dragged the dead body
to other place, where it was found. The report of the
FSL, qua the presence of ethyl alcohol, in the blood of
deceased Naveen Kumar, can also be taken into
consideration.
17. Arguments of learned Senior Counsel for the
applicants, qua the fact, that the possibility of fall of
deceased was found under the influence of liquor,
cannot be ignored completely, at this stage. In this
case, it has rightly been pointed out by learned senior
counsel, appearing for the applicants that complainant
Deep has nowhere stated in his statement, recorded
under Section 173 of the BNSS, that he had a
quarrel/scuffle with accused Rahul Chauhan, as
deposed by Paan Chand and Suresh Kumar, in their
statements, recorded under Section 180 of BNSS, on
29.6.2025.
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18. When, the Police filled Form 25.31(1)
(Inquest Report), the apparent reason of death has
been mentioned as “death due to fall from height”. As
per the final opinion given by the Doctor, in the post-
mortem report, it has been opined that the deceased
died due to asphyxia secondary to aspiration of gastric
contents up to the level of terminal bronchioles seen in
a case of multiple blunt trauma injuries to the body.
19. Considering the opinion given by the
Assistant Director of District Forensic Unit, Nurpur, on
8.7.2025, coupled with the report of post-mortem
examination, as well as, delay in recording the
statements of eye witnesses, this Court is of the view
that no useful purpose would be served by keeping the
applicants in judicial custody, as the case will take
sufficient long time for its disposal.
20. Moreover, the applicants are permanent
residents of District Chamba, as such, it cannot be
apprehended that in case, they are ordered to be
released on bail, they may not be available for trial.
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21. So far as other apprehensions, expressed by
the Police are concerned, for those apprehensions,
reasonable conditions can be imposed, in case, the
applicants are ordered to be released on bail.
22. Considering all these facts, this Court is of
the view that the bail applications are liable to be
allowed and are accordingly allowed.
17. Consequently, the applicants are ordered to
be released on bail, during the pendency of trial,
arising out of FIR No. 63 of 2025, dated 26.6.2025
registered under Sections 103(1) and 3(5) of the BNS
registered with Police Station, Tissa, District Chamba,
H.P., on their furnishing personal bonds in the sum of
Rs. 1,00,000/-, each, with one surety, each, in the like
amount, to the satisfaction of the learned trial Court.
18. This order, however, shall be subject to the
following conditions:-
a) Applicants 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;
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b) Applicants shall not tamper with the
prosecution evidence nor hamper the
investigation of the case, in any manner,
whatsoever;
c) 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
d) Applicants 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 applications.
20. It is made clear that the respondent-State is
at liberty to move an appropriate application, in case,
any of the bail conditions is found violated by the
applicants.
21. The Registry is directed to forward a soft
copy of the bail order to the Superintendent of District
Jail, Chamba, District Chamba, H.P. with a direction
to enter the date of grant of bail in the e-prison
software.
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22. In case, the applicants are not released
within a period of seven days from the date of grant of
bail, the Superintendent of District Jail, Chamba is
directed to inform this fact to the Secretary, DLSA,
Chamba. The Superintendent of District Jail, Chamba
is further directed that if the applicants fail 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 sent back.
(Virender Singh)
Judge
January 5, 2026
Kalpana
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