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2025 DIGILAW 1075 (HP)

Jaspal @ Yashpal v. State of Himachal Pradesh

2025-05-20

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-Jaspal @ Yaspal has sought his release, on bail, during the pendency of the trial, in case FIR No.35 of 2025, dated 02.02.2025, registered under Sections 109, 351(3), 324(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’), with Police Station Nalagarh, District Solan, H.P. 2. According to the applicant, he is innocent person and has falsely been implicated, in the present case. 3. Investigation, in the present case, is stated to be completed, as, the police has filed the charge-sheet, against the applicant, in the competent Court of law. 4. It is the case of the applicant that there is no evidence, connecting him with the crime in question and as such, the relief of bail has been sought. 5. 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 01.03.2025. 6. Apart from this, Mr. K.S. Gill, 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 01.02.2025, an information was received in Police Post Jogo, with regard to a quarrel, which had taken place at a village known as Sowan Majra, upon which, ASI Puneet Kumar, Incharge PP Jogo, along with other police officials, reached at the spot, near Gurudwara in Sowan Majra, where, complainant-Lakhvir Singh met the police and on the spot, a black coloured Thar was also found parked, whose front and driver side door glass was broken. 8.1. At the spot, complainant-Lakhvir Singh got recorded his statement, under Section 173 of BNSS, before the police, disclosing therein, that he is resident of the address, as mentioned in the complaint and is running a Dhaba, under the name and style of ‘Fouji Dhaba’ near Mahadev Gaushala. 8.2. 8.1. At the spot, complainant-Lakhvir Singh got recorded his statement, under Section 173 of BNSS, before the police, disclosing therein, that he is resident of the address, as mentioned in the complaint and is running a Dhaba, under the name and style of ‘Fouji Dhaba’ near Mahadev Gaushala. 8.2. As per the complainant, at about 09:30 pm, he had parked his Thar near Gurudwara, in Village Sowan Majra and by that time, a white coloured Alto car stopped in front of his Thar, from which, a person Jaspal @ Rinku S/o Nasib Chand (applicant), alighted down with a darat (big sickle) in his hand and broke the front glass of his Thar. According to him, had he not moved his head back immediately, the blow of the darat would have hit his head. Thereafter, Jaspal (applicant) inflicted another blow towards his neck, but, complainant had saved himself by changing his position. 8.3. Complainant has further got recorded that had he not changed his position, he would have been killed by the attack of said darat. According to the complainant, when, the applicant tried to kill him, in the meanwhile, some persons came there and the applicant threatened him that he was lucky as he had been saved, but, according to the applicant, he will ultimately kill him (complainant). At the same time, another person had also alighted down from Alto, who made Jaspal (applicant) to sit in the car and drove the car towards Varuna side. The complainant also noticed one other person, sitting on the back seat of the said car. He has mentioned the registration number of Alto Car as PB32-R-4314. Hence, he has prayed that the action be taken against Rinku and his accomplices. 8.4. On the basis of the above facts, police registered the FIR in question and criminal machinery swung into motion. 8.5. Subsequently, spot was visited and spot map was prepared. Vehicle (Thar) of complainant, along with keys, was taken into possession. On inspection of the Thar, it has been noticed that on the driver side of the vehicle, there were scratches and dent, caused with the help of some weapon. The pieces of windowpane were taken into possession. 8.6. Thereafter, accused (applicant) was searched for and at a place known as Ghada Mor, near Dehni Missewal, he was found, along with his two accomplices. The pieces of windowpane were taken into possession. 8.6. Thereafter, accused (applicant) was searched for and at a place known as Ghada Mor, near Dehni Missewal, he was found, along with his two accomplices. The names of other two persons, on enquiry, were found to be Upinder Singh, S/o Karam Chand and Gian Chand, S/o Karam Singh. Subsequently, all the three accused persons were arrested on 02.02.2025 and the information, regarding their arrest, was conveyed to their relatives. 8.7. The accused persons, as well as, complainant were medico legally examined, by producing them, before the doctors in CHC, Nalagarh. Thereafter, the car, used by the accused i.e. PB32-R-4314, was searched and during the search, darat was found, which was taken into possession. 8.8. The co-accused of the applicant, namely Upinder Singh and Gian Chand, as per the status report, have already been released on bail, by the Court of learned Additional Sessions Judge, Nalagarh. 8.9. As per the status report, investigation, in the present case, is complete and the charge-sheet has been submitted in the Court of learned ACJM, Nalagarh, on 30.04.2025. 9. On the basis of above facts, a prayer has been made to dismiss the application. 10. In the present case, investigation is complete and the police has submitted the challan, in the Court of learned ACJM, Nalagarh, on 30.04.2025. This fact is sufficient to demonstrate that the custodial interrogation of the applicant is no longer required by the police. 11. 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. 12. The applicant is presumed to be innocent, till his guilt is proved by the prosecution, by leading cogent and convincing evidence. 13. Furthermore, it is yet to be proved, during the trial, as to whether the applicant had inflicted the darat blow with an intention to kill the complainant, or not. Admittedly, in the alleged crime, the complainant has not sustained any injury. 14. Besides this, at the time of deciding the bail application, detailed discussion about the evidence, so collected by the police, should be avoided, as, it would cause prejudice to the case of the prosecution, as well as, to the case of the accused (applicant). 15. Admittedly, in the alleged crime, the complainant has not sustained any injury. 14. Besides this, at the time of deciding the bail application, detailed discussion about the evidence, so collected by the police, should be avoided, as, it would cause prejudice to the case of the prosecution, as well as, to the case of the accused (applicant). 15. Even otherwise, the applicant is the permanent resident of District Solan, 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. 16. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 17. Consequently, the applicant is ordered to be released, on bail, in case FIR No.35 of 2025, dated 02.02.2025, registered under Sections 109, 351(3), 324(4) and 3(5) of the BNS, with Police Station Nalagarh, 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 trial Court. 18. 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. 19. 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. 20. 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. 21. 20. 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. 21. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Sub-Jail, Nalagarh, District Solan, Himachal Pradesh, through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 22. 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, Nalagarh, District Solan, Himachal Pradesh, is directed to inform this fact to the Secretary, DLSA, Solan. The Superintendent of Jail, Sub- Jail, 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.