2026:HHC:833
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
Cr. MP (M) Nos.: 2825, 2826 & 2827 of 2025
Reserved on : 2
nd
January, 2026
Decided on : 5
th
January, 2026
1. Cr. MP (M) No.2825 of 2025
Suman …Applicant
Versus
State of Himachal Pradesh …Respondent
2. Cr. MP (M) No.2826 of 2025
Dawa Gialchan …Applicant
Versus
State of Himachal Pradesh …Respondent
3. Cr. MP (M) No.2827 of 2025
Praveen 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(s) : Mr. Prem Chand Verma, Advocate.
For the respondent :Mr. Tejasvi Sharma and Mr. H.S.
Rawat, Additional Advocates
General with Ms. Ranjna Patial,
Deputy Advocate General, for the
respondent/State.
Mr. Ajay Kochhar, Senior Advocate
with Mr. Anubhav Chopra, Advocate
for the complainant.
1
Whether Reporters of local papers may be allowed to see the judgment? Yes.
2 2026:HHC:833
Virender Singh, Judge
The above titled three applications are being
decided by the common order, as, the applicants have filed
these applications, under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as
the 'BNSS'), with a prayer to release them on bail, during
the pendency of trial, arising out of FIR No.13 of 2025,
dated 15.06.2025, registered, under Sections 103(1),
109, 126(2), 191(2), 191(3), 190, 115(2) and 351(3) of
the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred
to as the ‘BNS’), with Police Station, Moorang, District
Kinnaur, H.P.
2. According to the applicants, they are innocent
persons and not involved in the commission of the alleged
crime.
3. As per the applicants, there is no iota of
evidence connecting them with the commission of the
alleged crime. According to the applicants, they were not
present at the spot.
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4. On the basis of the above facts, learned counsel
appearing for the applicants has given certain
undertakings, to which, the applicants are ready to abide
by, in case, the applicants are ordered to be released on
bail, during the pendency of the trial.
5. Learned counsel appearing for the applicant
has submitted that even, on the ground of parity, the
applicants are entitled to be released on bail, as their co
accused, namely Reeta, Poonam and Samkali, have already
been released on bail, by this Court, vide order dated
30.08.2025, passed in CrMP(M) Nos.1801, 1822 & 1823 of
2025.
6. On the basis of the above facts, a prayer has
been made to allow the application.
7. When put to notice, the police has filed the
status report, disclosing therein, on 15.06.2025, one
Anjali, resident of Pooh, telephonically informed the police
that in village Rarang, her family members were irrigating
their fields, when some persons had attacked upon them,
who were already hiding there, as such, she has requested
the police to help.
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7.1. Thereafter, HC Vishal No.19, along with other
police officials, proceeded towards village Rarang to verify
the fact. However, on he way, they came to know that after
the quarrel, both parties were taken to Regional Hospital
Reckong Peo, for treatment.
7.2. Thereafter, the police party reached at Regional
Hospital, Reckong Peo, where, Krishan Lal, Kumanand,
Dandup Gyanchho, Suman and Praveen were found to be
admitted for treatment. A request was made to Medical
Officer, Regional Hospital, Reckong Peo, for their medical
examination.
7.3. Thereafter, Chunni Devi, got her statement
recorded, under Section 173 of the BNSS, disclosing
therein, that on 15.06.2025, in the morning hours, she
along with her husband, had gone to irrigate the fields.
After their turn, it was the turn of her brothersinlaw
Kumand and Dandup Gyanchho, to irrigate their fields.
7.4. When, the complainant and her husband, were
returning back, after irrigating their fields, then, at about
9.30 a.m., Dawa Gialchan, Samkali, Suman Singh,
Praveen, Poonam and their daughter in law, came together,
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having iron rods, sticks, stones and Darat (big sickle) in
their hands. All of them had attacked upon them.
Consequently, Kumanand, Dandup Gyanchho and Krishan
Lal sustained injuries.
7.5. In the meanwhile, their covillager Shiv Singh,
who was sowing his fields, came there and saved them
from the assailants. Krishan Lal sustained injuries and
was soiled with blood and become unconscious. On seeing
this, the above persons, along with their weapons, fled
away from the spot, by threatening them to finish them off.
As such, she had prayed that action be taken against
them.
8. On the basis of the above facts, the police
registered, FIR No.13/2025, under Sections 126(2), 191(2),
191(3), 190, 115(2) and 351(3) of the BNS. The MLCs of
the injuredKrishan Lal, Dandup Gyanchho and
Kumanand were obtained. All the three persons were
referred to higher center and Krishan Lal was found not fit
to make statement.
9. Thereafter, accused Gialchan, Suman and
Praveen, were medicolegally examined and their MLCs
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were obtained. Accused Suman was further referred for
treatment to MGMHC, Khaneri Rampur. Accused Dawa
Gialchan has also got recorded his statement under
Section 173 BNSS, disclosing therein, that he is Carpenter
by profession. On 15.06.2025, at about 10.30 a.m., when
he was present at his house, then, he noticed that two
persons were ploughing his applied nautor land, upon
which, he had gone there. His two sons Praveen Kumar
and Suman, have followed him. When, he reached there,
he noticed that Kumanand and Dandup Gyanchho, were
present there and two Nepali nationals were ploughing the
land, upon which, he had objected to the said act and
asked Kumanand and Dandup Gyanchho, as to why, they
are ploughing their land. When, he requested them not to
plough his land, then all the three uttered that if the land
belongs to them, then show the papers of the land, upon
which, he directed the Nepali national labourers to stop the
work. When, said Dawa Gialchan proceeded towards the
Nepali labourers to stop the work, then, Dandup
Gyanchho, Krishan Lal and Kumanand restrained him to
do so and gave a danda blow, which he had stopped with
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his hand. Consequently, he sustained minor injuries on
his hand. Meanwhile, his sons Praveen and Suman also
reached there and tried to save him from the clutches of
Kumanand, Krishan Lal and Dandup Gyanchho. Then
Krishan Lal inflicted stone blow on the head of his younger
son. Komanand inflicted stone blow on the right knee and
threatened that it will not be good for them, if they again
entered in the said land. Thereafter, complainant along
with his son left the spot. As such, he has prayed that
action be taken them, upon which, FIR No.14 of 2025,
under Section 126(2), 115(2), 352, 3(5) of the BNS was
registered against Kumanand, Krishan Lal and Dandup
Gyanchho.
10. Investigation in FIR No.13 of 2025, was initially
conducted by HC Vishal No.19, who has visited the spot on
16.6.2025 and on the identification of the independent
witnesses Shiv Kumar and Ranjeet, the spot was inspected.
Spot map was prepared and the blood stained stone was
taken into possession. Statement of witnesses were
recorded under Section 180 of the BNSS. Spot was video
graphed.
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11. Since, injuredKrishan Lal, Kumanand and
Dandup Gyanchho, were under treatment in IGMC,
Shimla, as such, HC Mohit No.371 had come to Shimla on
16.06.2025, to record their statements. HC Mohit has also
made correspondence with CMO (Casualty Medical Officer),
IGMC, Shimla, upon which, the CMO has opined that
Krishan Lal is in coma, as such, he is unfit to make
statement, whereas, Kumanand has been discharged from
the hospital and Dandup Gyanchho was still under
treatment and he is fit to make the statement.
12. Thereafter, the I.O. has recorded the statements
of Dandup Gyanchho and Kumanand, under Section 180
of the BNSS. On 17.06.2025, on the statement of
Kumanand, Dundup Gyanchho, Ranjeet Dungdung and
Shiv Singh, Section 109 BNS was added, in this case and
thereafter, further investigation was conducted by SHO
Police Station Moorang.
13. On 18.06.2025, information was received in
Police Station from Police Assistance Room IGMC that the
injured in FIR No.13 of 2025, Krishan Lal has expired,
during his treatment in IGMC, upon which, Section 103(1)
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was added, in this case. Thereafter, ASI Amar Singh, along
with other police officials, reached at IGMC, Shimla.
14. The postmortem examination of the dead body
of Krishan Lal was conducted by HOD, Forensic
Department, IGMC Shimla. Thereafter, the dead body was
handed over to his brother for performing his last rites. On
18.06.2025, accused Dawa Gialchan, Poonam Kumar
Samkali, Suman, Praveen Kumar and Reeta, were arrested.
15. Although, in the status report, the alleged
revelations made by the applicants have been reproduced,
but the said fact has been allegedly disclosed by the
accused during their custody, as such, the same is not
required to be reproduced here.
16. It is the further case of the police that the
applicants are very clever and not disclosing about the
weapon of offence, which is yet to be recovered. According
to police, the applicants are repeating the fact that they
have been beaten by the complainant party.
17. As per the status report, against applicant
Dawa Gialchan, FIR No. 40 of 2004, dated 27.08.2004,
under Sections 147, 149, 303, 506 IPC with Police Station
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Pooh, was found to have been registered, in which, he has
been convicted by the Court of learned Chief Judicial
Magistrate, Kinnaur and FIR No. 97/14, dated 20.10.2014,
under Section 379 IPC and Section 33 of the Indian Forest
Act, with Police Station State CID Bharari, has been
registered, in which, he has been acquitted by the Court of
learned Chief Judicial Magistrate, Kinnaur on 27.03.2023.
18. Similarly, against accused Semkali, FIR No. 40
of 2004, dated 27.08.2004, registered, under Sections 147,
149, 303, 506 IPC with Police Station Pooh, was found to
have been registered, in which, she has been convicted by
the Court of learned Chief Judicial Magistrate, Kinnaur.
19. On 19.06.2025, ASI Amar Singh, produced the
accused persons before ACJM, Kinnaur, from where, they
were remanded to police custody for three days. On
20.06.2025, the statements of Tilak Chandra and Parveer,
under Section 180 BNSS were recorded.
20. During the police custody, applicant Dawa
Gialchan, has made a disclosure statement that the
weapon used in the crime has been concealed by him and
he can identify the place and can also get recovered the
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same. Thereafter, applicant Dawa Gialchan took the police
to the spot and identified the cow shed (Dogri), and got
recovered the danda, GI Pipe, spade, and two stones,
which were kept concealed under two blue plastic drums,
in the cow shed. He has also disclosed that with the help
of those weapons, on 15.06.2025, all of them had beaten
Kumanand, Dandup Gyanchho and Krishan Lal and after
the incident, he had concealed the same there.
21. According to the police, on the both sides of the
danda and on the spade blood like stains were found. All
the above weapons were taken into possession. Thereafter,
applicant Dawa Gialchan, has identified the spot, where all
the accused had allegedly beaten deceased Krishan Lal,
Kumanand and Dandup Gyalchho. Spot map was
prepared.
22. On 21.06.2025, accused were produced before
the Court of learned Chief Judicial Magistrate, Kinnaur at
Reckong Peo, from where, they were remanded to the police
custody. On 22.6.2025, at village Rarang, from the house
of Krishan Dev, wearing apparels of Kumanand, Dandup
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Gyanchho and deceased Krishan Lal, worn by them at the
time of incident, were taken into possession.
23. On 24.06.2025, the statements of the alleged
eye witnesses, namely Tilak Chandra and Parvir, were
recorded under Section 183 BNSS, before the Court of
learned Chief Judicial Magistrate, Kinnaur at Reckong Peo.
24. It is the further case of the police that the
weapons of offence, which were recovered, in this case,
were yet to be identified from the injured Kumanand,
Dandup Gyalchho and Chuni Devi, as, at the time of
recovery of these weapons/articles, there was tension in
the area due to the crime committed by the accused
persons.
25. It is the further case of the police that final
opinion on the MLCs of Kumanand and Dandup Gyalchho,
about the weapons of offence has now been obtained and
positive opinion has been given by the Medical Officer.
26. In this case, the complainant has also filed
objections, mainly, on the ground that the applicants are
guilty of committing murder of Krishan Lal and attempt to
commit murder of Dandup Gyalchho. In this regard, the
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complainant has relied upon the report, under Section
193(2) of BNSS, filed before the learned trial Court, in
which, it has been concluded that all the applicants, as
well as, Reeta, Poonam and Samkali, with the intention
and knowledge, had committed murder of Krishan Lal and
assaulted Dandup Gyalchho and Kumanand.
27. Highlighting the role attributed to applicant
Dawa Gialchan, it has been pleaded that he made a
disclosure statement and got recovered danda, iron rods
and stones. Those weapon of offences, were having the
blood stains, which, on examination, in DNA Division of
SFSL, Junga, were found to be matching with the blood
samples of injured Kumanand, as well as, deceased
Krishan Lal.
28. Highlighting the report of the doctor, which, he
has given in the postmortem examination of deceased
Krishan Lal about the cause of death, a prayer has been
made that the applicants are not entitled to the relief, as
claimed, in the applications.
29. It is the further case of the complainant that
Krishan Lal expired due to ‘antemoretm blunt trauma
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sustained to head region leading to intracranial
hemorrhage’. It is the further case of the complainant that
the applicants are not entitled to the relief, even, on the
ground of parity, as, the relief of bail has been given to
Reeta, Poonam and Samkali, on the basis of Section 480(ii)
of the BNSS.
30. Lastly, the relief has been opposed on the
ground that a specific role has been attributed to each
accused, by the witnesses, and in case, the applicants are
ordered to be released, on bail, they may coerce the
witnesses, as the complainant is apprehending grave
danger to her life. As such, a prayer has been made to
dismiss the applications.
31. As per the statement of witness Shiv Singh,
under Section 180 of the BNSS, on 16.06.2025, Gialchan,
had inflicted danda blow to Krishan Lal (deceased).
Similar statement has been made by injured Kumanand,
Dandup Gyalchho, Tilak Chandra and Parvir.
32. Considering the said stand, coupled with the
fact that applicant Dawa Gialchan, also made a disclosure
statement, under Section 23(2) of the Bharatiya Sakshya
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Adhiniyam and got recovered the weapons of offence i.e.,
Danda, piece of iron pipe, spade and two stones, then, in
the considered opinion of this Court, the recovery of
weapons of offence is stated to be made, in pursuance of
the disclosure statement of applicant Dawa Gialchan,
applicant Dawa Gialchan, is not entitled to the relief of
bail, as claimed in the application, hence, the application,
Cr.MP (M) No.2826 of 2025, is dismissed.
33. So far as the applications bearing Cr.MP(M)
Nos.2825 and 2827 of 2025 are concerned, as per the
stand taken by the Police, it is a case of free fight, as, both
the parties have alleged against each other that they had
attacked upon them. It would be proved during the trial as
to which party was the aggressor. FIR has been registered
against the complainant party also.
34. Moreover, applicants Suman and Praveen
Kumar are also entitled to grant of bail on the basis of
parity, as, their coaccused, namely Reeta, Poonam and
Samkali, have already been released on bail, by this Court,
vide order dated 30.08.2025, passed in CrMP(M) Nos.1801,
1822 & 1823 of 2025 and the role, allegedly attributed to
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the applicants, is almost similar to the role, which has
been alleged against the coaccused.
35. Another fact, which has been highlighted by the
learned counsel for the applicants, is that the complainant,
in the present case, has although named all the six
accused as assailants, but, not attributed any specific role
to the applicants, in the commission of the alleged crime.
36. Merely, because applicants Suman and Praveen
Kumar have been named as accused, in a serious offence,
does not mean that their bail applications are liable to be
dismissed.
37. Applicants Suman and Praveen Kumar are
permanent residents of District Kinnaur, as such, it cannot
be apprehended that in case, they are released on bail,
they may not be available for the trial.
38. Even otherwise, investigation, in the present
case, is complete and nothing is to be recovered from
applicants Suman and Praveen Kumar or at their instance.
Although, the plea of alibi taken by the applicants would
be proved/probabilized during the trial, however, in view of
the discussion made above, the fact that the incident,
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being free fight between the parties, stood probabilized, at
this stage.
39. In the absence of any specific role attributed to
applicants Suman and Praveen Kumar, this Court is of the
view that no useful purpose would be served, by keeping
them in judicial custody, that too, for indefinite period.
Moreover pretrial punishment is prohibited under the law.
40. Considering all these facts, this Court is of the
view that bail applications, Cr.MP(M) Nos.2825 & 2827 of
2025, are liable to be allowed and are accordingly
allowed. Consequently, applicants Suman and Praveen
Kumar are ordered to be released on bail during the
pendency of the trial, arising out of FIR No.13 of 2025,
dated 15.06.2025, registered, under Sections 103(1),
109, 126(2), 191(2), 191(3), 190, 115(2) and 351(3) of
the BNS, with Police Station, Moorang, District
Kinnaur, H.P., on their furnishing personal bonds, in the
sum of Rs.50,000/ each, with two sureties each, in the
like amount, to the satisfaction of learned Chief Judicial
Magistrate, Kinnaur at Reckong Peo.
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41. This order of release, 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 appropriate
application;
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.”
42. 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.
43. It is made clear that the respondentState is at
liberty to move an appropriate application, in case, any of
the bail conditions is found to be violated by the
applicants.
44. The Registry is directed to forward a soft copy of
the bail order to the Superintendent of Jail, Kalpa at
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Reckong Peo, through email, with a direction to enter the
date of grant of bail in the eprison software.
45. In case, the applicant is not released within a
period of seven days from the date of grant of bail,
the Superintendent of Jail, Kalpa at Reckong Peo, is
directed to inform this fact to the Secretary, DLSA, Kinnaur
at Rampur Bushehr. The Superintendent of Jail, Kalpa at
Reckong Peo, 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.
Record be sent back to the quarter concerned.
( Virender Singh )
Judge
January 05, 2026(ps)
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