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2025 DIGILAW 1025 (HP)

Abhishek Sahani v. State of Himachal Pradesh

2025-05-15

VIRENDER SINGH

body2025
JUDGMENT : Virender Singh, J. 1. By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), applicant-Abhishek Sahani has sought his release, on bail, during the pendency of the trial, in case FIR No.17 of 2025, dated 19.02.2025, registered under Sections 326(g), 115(2), 3(5) and 109 of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’), with Police Station Manpura, District Solan, H.P. 2. According to the applicant, he has falsely been implicated, in the present case, which has been registered on the statement of Ms. Asha Kumari (complainant). 3. As per the applicant, he was arrested by the police on 25.02.2025 and presently, he is in judicial custody. 4. It is the case of the applicant that nothing is to be recovered from him, or at his instance. According to him, investigation, in the present case, is complete and charge-sheet has been filed in the competent Court of law. 5. It has been averred in the application that the applicant has been implicated, in this case, on the basis of the statement, made by the main accused i.e. the child in conflict with law (CCL). 6. The applicant has pleaded that he is a young boy of 19 years and a sole bread-earner of his family and according to him, no useful purpose would be served by keeping him in the judicial custody, as, the chances of commencement and conclusion of trial against him, in near future, are not so bright. 7. According to the applicant, he had earlier tried his luck by moving similar application, before the Court of learned Additional Sessions Judge, Nalagarh, District Solan, Himachal Pradesh. However, the same was dismissed vide order dated 16.04.2025. 8. Apart from this, Mr. Prikshit Rathore, 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. 9. On the basis of the above facts, a prayer has been made to allow the bail application. 10. Prikshit Rathore, 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. 9. On the basis of the above facts, a prayer has been made to allow the bail application. 10. When, put to notice, the police has filed the status report, disclosing therein, that complainant-Asha Kumari got recorded her statement, under Section 173 of BNSS, before the police, mentioning therein, that she is the resident of the address, as mentioned in the statement, and residing in jhuggi at Village Ankawali. She is working with Amande Company, Boodh Barrier. She used to go to the company on foot: 10.1. As per the complainant, on 18.02.2025, after attending her duties, at about 05:15 pm, she was on her way to jhuggi. On the way, CCL (name withheld) met her and a verbal altercation took place between the two, upon which, CCL (name withheld) threatened her to set her jhuggi ablaze. At about 10:15 pm, on that night, when, the complainant was taking rest in her jhuggi, then, she noticed that fire has taken place in the jhuggi and when, she came out, she noticed CCL (name withheld) was fleeing away from there. 10.2. Thereafter, complainant made efforts to douse the fire and in that process, she sustained burn injuries over her hands. Subsequently, the fire also engulfed the adjoining jhuggis. In the said incident of fire, one small girl Sandhaya also sustained injuries. She has named the CCL (name withheld), as the person, who set the jhuggi ablaze, which resulted into turning 10 jhuggis into ashes. As such, she has requested that action be taken against the CCL (name withheld). 10.3. On the basis of the above facts, police registered the FIR in question and criminal machinery swung into motion. 10.4. Thereafter, spot was visited by the forensic experts. Physical evidence, so collected, was taken into possession. 10.5. Search was made for the CCL (name withheld) and after some time, he was found, along with his mother, in a jhuggi at Bhood Barrier. The age of CCL (name withheld) was disclosed by her mother as 16 years. 10.4. Thereafter, spot was visited by the forensic experts. Physical evidence, so collected, was taken into possession. 10.5. Search was made for the CCL (name withheld) and after some time, he was found, along with his mother, in a jhuggi at Bhood Barrier. The age of CCL (name withheld) was disclosed by her mother as 16 years. As such, in the presence of his family members, enquiry was made from him, in which, he has disclosed that a verbal altercation took place and Asha Kumari scolded him and due to the said fact, he, along with his friend Abhishek @Chuka (applicant), has set the jhuggi of Asha Kumari ablaze. However, the police could not collect any documentary evidence, with regard to the age of CCL (name withheld). As such, ossification test was got conducted, according to which, age of CCL (name withheld) was found to be between 16-20 years. 10.6. On 25.02.2025, Abhishek Sahani (applicant) was arrested. During the police remand, he has allegedly disclosed that he, along with his friend CCL (name withheld), under the influence of liquor, set the jhuggi ablaze. 10.7. During the investigation, medical treatment summary of injured Sandhaya was obtained from PGIMER, Chandigarh. Thereafter, the Medical Officer, CHC, Baddi, has declared the injuries on the person of Sandhaya as dangerous to life. As such, Section 109 of BNS has been added, in this case. 10.8. After completion of the investigation, charge- sheet has been filed against the applicant, in the Court of learned ACJM, Nalagarh, on 09.05.2025. 10.9. Highlighting the seriousness of the offence, learned Additional Advocate General has prayed that the applicant is not entitled for the relief, as claimed, in the application. 11. On the basis of above facts, a prayer has been made to dismiss the application. 12. In the present case, investigation is complete and the police has submitted the challan, in the competent Court of law (learned trial Court), on 09.05.2025. This fact is sufficient to demonstrate that the custodial interrogation of the applicant is no longer required by the police. 13. The applicant is a young boy of 19 years and in case, he is kept in judicial custody, during the pendency of the trial, which will take sufficient long time for its completion, then, certainly, his future would be adversely affected in the company of hardened criminals. 14. 13. The applicant is a young boy of 19 years and in case, he is kept in judicial custody, during the pendency of the trial, which will take sufficient long time for its completion, then, certainly, his future would be adversely affected in the company of hardened criminals. 14. 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 custody, that too, for the indefinite period. 15. Considering the peculiar facts and circumstances of the present case, according to which, the name of the applicant has been disclosed by his co-accused (CCL), this Court is of the view that the role, which has been allegedly attributed to the applicant, in the commission of crime in question, 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. 16. Except the present case, no other criminal history of the applicant has been mentioned in the status report, nor the same has been argued by learned Additional Advocate General, during the course of arguments. As such, it can be held that the presumption of innocence is still available to the applicant. 17. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 18. Consequently, the applicant is ordered to be released, on bail, in case FIR No.17 of 2025, dated 19.02.2025, registered under Sections 326(g), 115(2), 3(5) and 109 of the BNS, with Police Station Manpura, District Solan, H.P., on his furnishing personal bonds in the sum of Rs.50,000/- with one surety of the like amount, to the satisfaction of the learned ACJM, Nalagarh. 19. 19. 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. 20. 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. 21. 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. 22. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Sub-Jail, Kishanpura, Tehsil Nalagarh, District Solan, Himachal Pradesh, through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 23. 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, Kishanpura, Tehsil Nalagarh, District Solan, Himachal Pradesh, is directed to inform this fact to the Secretary, DLSA, Solan. The Superintendent of Jail, Sub-Jail, Kishanpura, Tehsil Nalagarh, District Solan, 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.