Himachal Pradesh High Court
Reserved On : 13.05.2025 vs State Of Himachal Pradesh on 15 May, 2025
Author: Virender Singh
Bench: Virender Singh
2025:HHC:14069 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No.996 of 2025 Reserved on : 13.05.2025 Decided on: 15.05.2025 Hira Lal ...Applicant Versus State of Himachal Pradesh ...Respondent Coram The Hon'ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?
For the applicant : Mr. Narender Guleria, Advocate. For the respondent : Mr. Mohinder Zharaick, Additional Advocate General, assisted by SI Harish Chand, I/O PS Sadar, Mandi, H.P. Virender Singh, Judge By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'BNSS'), applicant-Hira Lal has sought his release, on bail, during the pendency of the trial, in case FIR No.37 of 2025, dated 11.02.2025, 2 2025:HHC:14069 registered under Sections 126(2), 132, 121(2), 303(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the 'BNS') and Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957, with Police Station Sadar, District Mandi, H.P.
2. According to the applicant, he is innocent person and has falsely been implicated, in the present case and has been arrested by the police.
3. Applicant is stated to be in judicial custody and the investigation, in the present case, is stated to be completed.
4. According to the applicant, he is a law-abiding citizen and after completion of the investigation, his custodial interrogation is no longer required by the police, in this case.
5. According to the applicant, he had earlier tried his luck by moving similar application, before the Court of learned Sessions Judge, Mandi, Division Mandi, Himachal Pradesh. However, the same was dismissed vide order dated 05.03.2025.
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2025:HHC:14069 5.1. Thereafter, the applicant had moved bail application, bearing CrMP(M) No.521 of 2025, before this Court. However, the said application was dismissed as not pressed, vide order dated 20.03.2025.
6. Apart from this, Mr. Narender Guleria, Advocate, appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, ordered to be released on bail, during the pendency of the trial.
7. On the basis of the above facts, a prayer has been made to allow the bail application.
8. When, put to notice, the police has filed the status report, disclosing therein, that on 10.02.2025, at about 07:00 pm, SDM Mandi telephonically informed the police that illegal mining is going on in Bindravani area of Mandi and asked to send police, upon which, SHO/Inspector Desh Raj, SI Jitendra Kumar and other police party, left for Bindravani. On reaching the spot, it was found that SDM Mandi Om Kant Thakur was present there in injured condition, along with his driver and vehicle. As 4 2025:HHC:14069 per the directions of SHO/Inspector Desh Raj, SI Jitendra Kumar took SDM Om Kant Thakur to Zonal Hospital, Mandi, where, he was medico legally examined and his MLC was obtained. In the MLC, the Medical Officer has declared the nature of injury on the person of Om Kant Thakur as grievous.
8.1. Thereafter, SI Jitendra Kumar recorded the statement of complainant Om Kant Thakur, under Section 173 of BNSS, in which, he has disclosed that on 10.02.2025, he left, in his Government vehicle, bearing No.HP01-M-6138, with his driver Suraj Gupta, at about 06:30 pm, towards Bayuli-Bindarvani, for checking the illegal mining, going on in the Beas river. When, he reached little ahead of the Truck Union in Bindarvani, a tractor was parked with a trolley on the temporary unpaved road, going towards the Beas River. The mining material was being brought from the Beas River on horses and was being loaded into the tractor trolley. The complainant got stopped his vehicle in front of the said vehicle. As soon as, the complainant and his driver alighted down from the vehicle, 5 2025:HHC:14069 3-4 persons, who were doing the mining work there, had ran away from the spot. Since, at the said place, it was not possible for the driver to turn the vehicle, as such, he had started driving the vehicle in reverse gear towards the main road and the complainant also sat in the vehicle. As soon as the vehicle reached the main road, a person came there and stopped their vehicle after abusing them and uttered the words 'SDM sala kon hota hai, ye meri mining site hai'. 8.2. When, the complainant introduced him to the said person and enquired from him as to who was doing the illegal activities of mining and whose tractor and horses were there, upon which, he got furious and said that the same is his area and also proclaimed as to why he had come after 05:00 pm. Thereafter, the said person had started beating the complainant. He has given the fist blows on the jaw of the complainant, which resulted into loss of the tooth. Subsequently, he picked up stones in his hands, but, before he could hit the complainant with stones, his driver controlled him and thereafter, police was informed. Complainant has named the assailant as Hira Lal 6 2025:HHC:14069 (applicant).
8.3. Complainant has further got recorded that when, the said assailant was abusing, he called his wife on the spot and was saying that he will frame the complainant on the false charge of molesting his wife. As such, he has prayed that the action be taken against the applicant. 8.4. Thereafter, on the basis of the complaint, police registered the FIR in question and accused was arrested on 11.02.2025 at 01:48 am. He was medico legally examined and the doctor, who had conducted his medical, had also collected the blood and urine samples, which were sent to RFSL, Mandi, from where, the report has been received. Relevant portion of the report, as well as, the final opinion, given by the Medical Officer, is reproduced as under:-
"The contents of above said parcels were analyzed chemically using Head Space-Gas Chromatography (HS-GC) methods. The result was as under:-
1. Ethyl alcohol was detected in the contents of parcels P/1 and P/2. The quantity of ethyl alcohol was as under:
P/1 (blood) = 58.72 mg% +- 2.84 mg% (MU). P/2 (urine) = 10.58 mg% +- 0.51 mg% (MU). On the basis of the report from RFSL, both samples i.e. blood & urine alcohol was detected. Blood = 58.7 +- 2.84 mg%, urine = 10.58 +- 0.51. Hence, the individual was under the influence of alcohol."7
2025:HHC:14069 8.5. As per the status report, investigation, in the present case, is complete. Police has submitted the charge-
sheet, which is pending adjudication in the Court of learned JMFC-2, Mandi and the case is now stated to have been fixed for consideration on charge.
9. On the basis of the above facts, a prayer has been made to dismiss the bail application.
10. In the present case, investigation is complete and the police has submitted the challan, in the competent Court of law (learned trial Court) and now, the case is stated to be listed for consideration on charge. This fact is sufficient to demonstrate that the custodial interrogation of the applicant is no longer required by the police.
11. The allegations, which have been levelled against the applicant, would be proved during the trial and the bail application cannot be rejected as a matter of punishment, as pre-trial punishment is prohibited under the law.
12. Moreover, the chances of commencement and conclusion of trial against the applicant, in near future, are not so bright. As such, he cannot be kept in judicial 8 2025:HHC:14069 custody, that too, for the indefinite period, as, the applicant is presumed to be innocent, till his guilt is proved, by the competent Court of law.
13. Even otherwise, the applicant is the permanent resident of District Mandi. As such, it cannot be apprehended that in case, he is ordered to be released on bail, he may not be available for the trial.
14. Considering all these facts, this Court is of the view that the applicant is entitled for the relief, as claimed, in the application. Accordingly, the present bail application is allowed.
15. Consequently, the applicant is ordered to be released, on bail, in case FIR No.37 of 2025, dated 11.02.2025, registered under Sections 126(2), 132, 121(2), 303(2), 3(5) of the BNS and Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957, with Police Station Sadar, District Mandi, H.P., on his furnishing personal bonds in the sum of Rs.50,000/- with two sureties of the like amount, to the satisfaction of the learned trial Court.
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16. This order, however, shall be subject to the following conditions:-
a) The applicant shall appear before the IO, as and when, directed by the IO to do so and 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) The applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;
c) The 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) The applicant shall not leave the territory of India without the prior permission of the Court.
17. 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 application.
18. It is made clear that respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions is found violated by the applicant.
19. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Sub-Jail, 10 2025:HHC:14069 Mandi, Himachal Pradesh, through e-mail, with a direction to enter the date of grant of bail in the e-prison software.
20. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, Sub-Jail, Mandi, Himachal Pradesh, is directed to inform this fact to the Secretary, DLSA, Mandi. The Superintendent of Jail, Sub-Jail, Mandi, Himachal Pradesh, 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 May 15, 2025 (Gaurav Thakur) Digitally signed by RAJNI Date: 2025.05.15 11:14:58 IST