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2025:HHC:7280 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA of 2025 Reserved on: 18.3.2025 Date of Decision: 22.03.2025.

1. Cr.MP(M) No. 204 of 2025 Jagdev Singh ...Petitioner Versus State of Himachal Pradesh ...Respondent

2. The petitions are opposed by filing a status report asserting that Pawan Kumar informed the police on 27.07.2024 at about 9:14 PM that Vinod and Kannu were injured by Aditya and his friends by using darat. They were taken to different hospitals for treatment. The police went to the hospital and recorded the statement of the victim, Aditya, who stated that he and his friend Vinod Kumar, alias Viku, had gone towards Ganoh on 27.07.2024. They reached Ganoh Bazar Chowk at 7:15 PM. They were taking juice when Aditya Dadwal, Jagdev Dadwal and Rahul Kumar came to them and said that they were roaming around in the bazaar after pretending to be Don. Vinod enquired as to why the accused party was using such language. The accused started arguing with the informant party and also pushed them. Aditya Dadwal brought Darat and inflicted a blow on the head of Vinod. He also inflicted blows on the right arm of the victim/informant, Aditya. Jagdev Dadwal inflicted blows 2025:HHC:7280 using stones, and Rahul Kumar gave beatings with kicks and fists blows. The accused ran away in their vehicle bearing registration No. HP38D-7272. The police conducted the investigation and arrested the accused near the Hollywood Hotel. The accused, Aditya, made a disclosure statement and got recovered a darat with which the injuries were inflicted. The police seized darat. The articles were sent to RFSL, Dharamshala and blood was found on the soil, glove, cotton swabs, T-Shirt and Pants of Aditya, T-Shirt, Vest, Underwear and Pants of Vinod Kumar and darat. As per the report, DNA from the blood on the rexine piece matched with the DNA of Aditya. DNA from the soil, glove and darat matched with the DNA of Vinod Kumar. DNA from the T-shirt of Aditya matched with the DNA of Vinod Kumar and Aditya. DNA from the Pants of Aditya matched with the DNA of Vinod Kumar and Aditya. DNA from the pants of Vinod Kumar matched with the DNA of Vinod Kumar and Aditya. As per the medical report, the injuries sustained by the victim were dangerous and could have been caused by a sharp-edged weapon. FIR No. 357 of 2008 was registered against the petitioner Jagdev Singh, and he was acquitted on 11.6.2014. FIR No. 133 of 2022, dated 28.4.2022, was registered against the 2025:HHC:7280 petitioner Jagdev, and he was acquitted by the learned Additional Chief Judicial Magistrate, Nurpur, on 8.3.2025. The petitioners can intimidate the witnesses in case of their release on bail. Therefore, it was prayed that the present petitions be allowed and the petitioners be released on bail.

(Emphasis supplied)

9. The present petitions have to be decided as per the parameters laid down by the Hon'ble Supreme Court.

10. It is undisputed that petitioners Jagdev Singh and Rahul had filed bail petitions which were registered as Cr.MP(M) Nos. 2162 and 2164 of 2024 and were dismissed on 21.10.2024. It was held in the State of Maharashtra Vs. Captain Buddhikota Subha Rao (1989) Suppl. 2 SCC 605 that once a bail application has been dismissed, subsequent bail application can only be considered if there is a change of circumstances. It was observed: