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IN THE HIGH COURT OF HIMACHAL PRADESH AT

SHIMLA

Cr. MP(M) No. 1543 of 2026

Decided on : 9.9.2026

Shantanu

…Applicant

Versus

State of H.P.

…Respondent

_______________________________________________________

Coram

Hon’ble Mr. Justice Virender Singh, Judge

Whether approved for reporting?

________________________________________________

For the Applicant :Mr. Yug Singhal and

Mr.Hitender Verma, Advocates.

For the Respondent :Mr. H.S. Rawat, Addl. A.G.

Virender Singh, Judge (oral)

Applicant Shantanu 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

103, 127 (2), 125(B), 61(2), 3(5) of the Bharatiya

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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, vague allegations

have been levelled against him, which have been

described as false, baseless and concocted one.

According to him, he is in judicial custody since

27.8.2024.

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

applicant is no longer required by the police and no

useful purpose would be served by keeping him in

judicial custody.

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5. The applicant has earlier tried his luck by

moving bail application before the learned Additional

Sessions Judge, Nalagarh, District Solan, H.P.,

however, the same was dismissed on 10.6.2025.

Thereafter, the applicant has moved the bail

application bearing Cr. M.P.(M) No. 3 of 2026, which

was dismissed as withdrawn, on 25.2.2026.

Thereafter, the applicant has again moved the bail

application before the learned Additional Sessions

Judge, Nalagarh, District Solan, however, the same

has also been dismissed, vide order dated 8.6.2026.

6. Learned counsel for the applicant has prayed

for the relief of bail on the ground of parity also, as

his co-accused Yog Raj, Prakash Kumar and Nitin

Kashyap have been released on bail, by this Court,

vide orders dated 7.7.2025, 31.3.2026, and 7.9.2026,

passed in Cr. M.P. No. 753 of 2025, Cr.M.P. (M) No.

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70 of 2026 and Cr.M.P.(M) No. 1621 of 2026,

respectively.

7. Apart from this, the applicant, through his

counsel, has undertaken to abide by the terms and

conditions, to be imposed by this Court, in case, he is

ordered to be released on bail, during the pendency

of the trial.

8. On these submissions, a prayer has been

made to allow the bail application.

9. 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

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reached at Sandoli Khawadiyan, in order to verify the

facts.

9.1 When, 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

was referred to PGIMER, Chandigarh, for treatment,

whereas, Rahul was declared dead.

9.2 At 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.

9.3 The 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,

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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

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.

9.4 According 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

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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.

9.5 Thereafter, the spot was got inspected from

FSL expert. As per the direction of the FSL expert,

physical evidence, so found there, was preserved and

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.

9.6 During 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.

9.7 Since, complainant had got recorded in his

statement, under Section 173 of BNSS that he can

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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

persons, at the relevant time, were also taken into

possession.

9.8 On 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 Ahirwar,

Shantanu (applicant) 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.

9.9 Thereafter, accused Ravi Kumar was also

arrested on 30.8.2024. He was also kept in muffled

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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.

9.10On 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.

9.11On 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.

9.12On 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

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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.

9.13On 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.

9.14With the help of artificial intelligence,

involvement of Prakash Chand was found and he was

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associated in the investigation and later on, arrested

on 14.9.2024 at 6:30 p.m.

9.15During investigation, on 17.9.2024, Prakash

Kumar made a statement, under Section 23 of BSA

and identified the shop of Yog Raj, allegedly used for

gambling, and got recovered the scanner, which was

also taken into possession.

9.16On 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.

9.17On 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 (applicant), Praveen

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Kumar and others had beaten the unknown persons

at truck union, Baddi. On 10.11.2024, accused

Rakib had identified the said place.

9.18It has been mentioned in the status report

that on the basis of investigation, it has been found

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 Ahirwar 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

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them, are stated to have fled away from there. They

were stated to have been chased by accused Sonu,

Anmol @ Tejua, Ravi Kumar, Bablu Ahirwar and

Nitin Kashyap, upto truck union, Baddi, where they

had nabbed Rahul and Lakshmi Kant, Ankush and

Navneet, whereas, other companions of deceased

Rahul, namely, Ritik, Arjun, Karan, Saurav and Kapil

are stated to have fled away from the spot.

9.19Thereafter, accused persons, telephonically

called their companions, namely, Sonu, Praveen,

Rahul, Shantanu (applicant), Prakash, Lukesh,

Rakib, Chhotu, Chetan and CCL (a) (name withheld).

Thereafter, accused Sonu, Nitin Kashyap, Karan

Kumar, Ravi Kumar, Shantanu (applicant), 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

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him to recover their mobile phones and money and

take them to their gambling place.

9.20Thereafter, at the instance of Yog Raj,

accused Chetan alongwith other persons, brought

them in their vehicle, bearing No. HR-49J-4947 to

their gambling place.

9.21It has been mentioned in the status report

that accused Karan Kumar @ Sonu Bangala and

Shantanu (applicant) 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.

9.22It 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.

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9.23On 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 Ahirwar, Shantanu (applicant),

Praveen, Ravi Kumar, Rahul Kumar, Prakash Kumar,

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.

9.24As 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.

9.25Charge Sheet is stated to have been filed on

23.11.2024, in the Court of learned Additional

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Sessions Judge, Nalagarh and the case is listed on

various dates, in the month of September, 2026, for

recording the statements of prosecution witnesses.

9.26On the basis of above facts, a prayer has been

made to dismiss the application.

10. 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 other co-

accused, was revealed by them, when, they were in

police custody. As such, the same cannot be used

against their co-accused. Hence, on the basis of

alleged revelation/disclosure made by other co-

accused, nothing can be attributed against the

applicant.

11. Whatsoever disclosed by the co-accused of

the applicant against him, is inadmissible in

evidence.

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12. Moreover, considering the fact that co-

accused of the applicant, Yog Raj, Prakash Kumar

and Nitin Kashyap have 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

State of H.P.’, vide order dated 31.3.2026, passed in

Cr. MP(M) No. 70 of 2026, titled as, ‘Prakash Kumar

versus State of H.P.’, and vide order dated 7.9.2026,

passed in Cr.M.P.(M) No. 1621 of 2026, titled as,

‘Nitin Kashyap versus State of H.P.’, this Court is of

the view that the applicant is also entitled for the

relief, as prayed for, in the application.

13. 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

period, it would be nothing, but pre-trial

punishment, which is prohibited under the law.

14. So far as the apprehensions, which have been

expressed by the Police, in the status report, are

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concerned, reasonable conditions can be imposed

upon the applicant, in case, ordered to be released on

bail.

15. 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.

16. Consequently, the application is allowed and

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 in the sum of

Rs. 50,000/-, with two sureties, in the like amount,

to the satisfaction of learned trial Court.

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

following conditions:-

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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.

18. 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.

19. 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 to be violated by

the applicant.

20. The Registry is directed to forward a soft copy

of the bail order to the Superintendent of Sub-Jail,

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Kishanpura, through e-mail, with a direction to enter

the date of grant of bail in the e-prison software.

21. 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, Kishanpura is directed to

inform this fact to the Secretary, DLSA, Solan. The

Superintendent of the Sub-Jail, Kishanpura 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.

(Virender Singh)

Judge

September 9, 2026

(Kalpana)