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Himachal Pradesh High Court · body

2025 DIGILAW 518 (HP)

Harish Kumar @ Happy v. State of H. P.

2025-03-26

VIRENDER SINGH

body2025
JUDGMENT : Virender Singh, Judge (oral) The above titled bail applications are being decided by the common order, as the applicants have filed the present applications, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘the B.N.S.S.’) in case FIR No. 87 of 2024, dated 25.9.2024, under Sections 109 (1), 126(2), 191(2), 191(3), 190, 238, 115(2) & 117(2) of Bhartiya Nyaya Sanhita (hereinafter referred to as ‘the BNS”) and Section 25-54-1959 of the Arms Act, registered with Police Station, Kot Kehloor, District Bilaspur, H.P. 2. According to the applicants, they are innocent persons and have falsely been implicated in the present case. 3. According to them, they are respectable persons and have no concern, whatsoever, with the case registered against them. 4. Applicant Ajay Kumar has tried his luck by moving bail application, before the learned Chief Judicial Magistrate, Bilaspur, District Bilaspur, H.P., which was dismissed on 1.2.2025, whereas, applicant Harish Kumar @ Happy has tried his luck by moving bail application before the learned Additional Sessions Judge, Ghumarwin, District Bilaspur, H.P. (Camp at Bilaspur), which was dismissed on 29.11.2024. 5. According to the applicants, investigation in the present case, is complete and nothing has to be recovered from them or at their instance. 6. In addition to this, the applicants, through their respective learned counsel, have undertaken to abide by the conditions to be imposed by this Court, in case ordered to be released on bail. 7. On the basis of above facts, a prayer has been made to release the applicants, during pendency of the trial. 8. When, put to notice, Police has filed the status report, disclosing therein, that on 24.9.2024, at about 8:23 p.m., Rajesh Kumar, complainant has informed the Police of Police Station, Kot Kehloor, through telephone that Happy, Goldy etc. are quarreling with him and have beaten him, upon which, Sub Inspector Madan Mohan, alongwith other Police Officials, reached at Bus Stand Behal to verify the facts, where Rajesh Kumar and Rakesh Kumar met them in injured condition, who has disclosed that accused persons had fired upon them, and Rakesh Kumar suffered bullet injury on his back, upon which, both the injured were taken to AIIMS Bilaspur, where Medical Officer has declared Rajesh Kumar fit to make statement. 8.1 Consequently, his statement under Section 173 of BNSS was recorded, who has got recorded that he is running an electrician shop in Kehloor Bazar. His brother is stated to be working as Operator with a Contractor, working for the construction of Railway Tunnel. 8.2 On 24.9.2024, at about 7:30 p.m., complainant was waiting for his brother Gurnam Singh near Banyan tree. After sometime, Goldy, S/o Prem, alongwith some unknown person, came there and inquired from the complainant as to why he was standing there, upon which, the complainant had disclosed that he is waiting for his brother, upon which, they stated that this is not the occasion to stand there. The complainant again disclosed them that he is waiting for his brother, upon which, Sonu slapped him. Thereafter, all the four persons had started beating him with fist blows, upon which, the complainant fell down and sustained injuries, on the right side on his forehead. Thereafter, they fled away from the spot. 8.3 Thereafter, the complainant had gone to his uncle’s house at Behal. On the way, he met Rakesh Kumar, Ravinder Kumar, Lakhwinder Singh and Shubham Kumar, all residents of Village Behal. The complainant had apprised them about the incident, which had taken place. Then, at about 9 p.m., cousin of the complainant, namely, Shubham, Lakhwinder, Ravinder and Rakesh Kumar, came to Behal Bus stand. In the meanwhile, Goldy, Happy, Sonu and the aforesaid unknown person, alongwith other boys came there and attacked the complainant. Happy S/o Desh Raj, all of a sudden, had taken out the fire arm and started firing upon the complainant. In order to save themselves, complainant and his cousin started moving here and there. Happy had fired three fire rounds, out of which, one gunshot hit Rakesh Kumar on the right side of the back. Rakesh Kumar was taken to AIIMS for treatment. Thereafter, all the five persons, alongwith the aforesaid unknown person, are stated to have fled away from the spot. 8.4 According to the complainant, the said five persons had tried to kill the complainant and his brother by firing gunshot. The aforesaid persons are stated to have fled away from the spot in black coloured Scorpio and a white coloured Alto. 8.5 On the basis of above facts, the Police registered a case against the applicants and police machinery swung into motion. The aforesaid persons are stated to have fled away from the spot in black coloured Scorpio and a white coloured Alto. 8.5 On the basis of above facts, the Police registered a case against the applicants and police machinery swung into motion. 8.6 The Medical Officer has declared injuries on the person of Rajesh Kumar as simple, whereas, injured Rakesh Kumar was referred to PGI, Chandigarh, where he remained admit for 15 days. The injuries caused to Rakesh Kumar were declared as dangerous to life. Thus, Sections 115(2) and 117 (2) of BNS were added, in this case. 8.7 Thereafter, complainant Rajesh Kumar was associated in the investigation, photographs of the spot were clicked and spot map was prepared. 8.8 On 26.9.2024, accused Rohit was also arrested and produced before the learned JMFC, Bilaspur, on 27.9.2024. 8.9 During investigation, CDR and CAF of mobile phones of Rohit bearing No. 79866-18239 and 78889-02946, Dharmpreet @ Jimmy, bearing mobile No. 75899-74030 and 75070-10756, Naresh Kumar @ Goldy, bearing mobile number 88945-13935, Ajay Kumar @ Happy, bearing mobile number 82849-06235, Harishpal @ Happy bearing mobile No. 93170-93532, Pitamber bearing mobile No. 62807-56758 and 75890-80623, Ajay Kumar @ Devegauda bearing mobile No. 82642-02260 and Sukhwinder Singh @ Sonu bearing mobile number 99142-90144 were obtained. Thereafter, CCTV footage was checked. 8.10. On the basis of above facts, involvement of Dharampreet @ Jimmy was found. 8.11 Thereafter, owner of Alto car bearing No. PB 12AB-9675 Ajay Kumar @ Devegauda was also arrested, who disclosed that on 24.9.2024 at about 7:45 p.m. Ajay Kumar took the said car from the owner on the pretext that his mother is suffering from heart ailment and he has to take her for check-up. The said car is stated to have not returned back till date. The said car is stated to have not returned back till date. 8.12 As per the status report, following cases are found to have been registered against accused Ajay Kumar @ Devegauda: S.No FIR No. Date Sections Police Station i 136 of 2015 4.11.2015 u/s 307, 452, 324, 323, 323, 142, 149 P.S. Anandpur Sahib ii 51 of 2019 18.5.2019 u/s 307, 323, 324, 294, 364, 357, 148, 149 IPC P.S. Anandpur Sahib iii 32 of 2018 6.3.2018 u/s 323, 341, 382, 427, 506, 148, 149 P.S. Nangal, District Ropar, Punjab iv 108 of 2022 8.12.2022 u/s 341, 323, 324, 326, 307, 147, 148, 149, 506, 427 IPC, and Sec. 25-54-59 Arms, Act P.S. Kot Kehloor v 118 28.8.2019 u/s 379, 323, 324, 506 and 34 IPC P.S. Anandpur Sahib vi 16 12.3.2019 u/s 61-1-14 Excise Act P.S. Sadar Kurali, District SAS Nagar vii 62 21.5.2020 U/s 61.1.2014 Excise Act P.S. Anandpur Sahib viii 172 18.7.2018 u/s 61-1-2014 Excise Act P.S. City Kharar ix 133 24.12.2017 u/s 61-1-2014 Excise Act P.S. Anandpur Sahib x 98 29.7.2018 u/s 61-1-2014 Excise Act P.S. Anandpur Sahib xi 36 5.3.2023 u/s 61-1-2014 Excise Act P.S. Anandpur Sahib 8.13 As per the status report, following cases are stated to have been registered against applicant Harish Kumar: i) FIR No. 143/2020, dated 15.12.2020, u/s 341, 323, 506 and 34 IPC; S. No. FIR Number Date Sections i FIR No. 44 of 2022 8.12.2020 u/s 376, 506, 34 IPC and Sec. 25-54-59 Arms Act ii FIR No. 140 of 2020 8.12.2020 u/s 452, 354, 506 and 34 IPC iii FIR No. 303 of 2023 15.12.2023 u/s 323, 341, 336, 326, 307 and 34 IPC 8.14 On the basis of above facts, it has been pleaded that investigation, in the present case, is complete and charge-sheet has been filed in the Court of learned Chief Judicial Magistrate, Bilaspur, H.P. 8.15 In the status report filed in Cr. M.P. (M) No. 332 of 2025, it has been mentioned that accused Rohit has been released on bail by the Court of learned Additional Sessions Judge, Bilaspsur. The learned counsel appearing for the applicant in Cr. M.P. (M) No. 332 of 2025, it has been mentioned that accused Rohit has been released on bail by the Court of learned Additional Sessions Judge, Bilaspsur. The learned counsel appearing for the applicant in Cr. M.P. (M) No. 332 of 2025, has placed on record a copy of order dated 10.3.2025, passed by the learned Additional Sessions Judge, Ghumarwin, District Bilaspur, H.P., in bail application No. 40-22 of 2025, perusal of which shows that co-accused Dharampreet @ Jimmy has also been released on bail, by the Court of learned Additional Sessions Judge. 9. Investigation in the present case is complete, as the Police has filed the charge-sheet, which is pending in the Court of learned CJM, Bilaspur, H.P. In view of this fact, this Court is of the view that custodial interrogation of the applicants, is no longer required, in this case, by the Police. 10. Even otherwise, two co-accused of the applicants, namely Rohit and Dharampreet have been released on bail, and the role, which has been attributed to the above two accused, is the same, which has been alleged against the present applicants. 11. So far as the registration of other cases against the applicants are concerned, in none of the cases, the competent Court of law has inflicted the punishment upon the accused persons. Merely, registration of the other cases against the applicants, are too short to decline the relief of bail, to the applicants, in this case. 12. Moreover, chances of conclusion of trial, against the applicants, in near future, are not so bright. As such, no useful purpose would be served by keeping the applicants in judicial custody, that too, for indefinite period. 13. The bail applications cannot be rejected, as a matter of punishment, as punishment can only be inflicted after full fledged trial. 14. Considering all these facts, this Court is of the view that the bail applications are liable to be allowed and are accordingly allowed. 15. Consequently, the applicants are ordered to be released on bail in case FIR No. 87 of 2024, dated 25.9.2024, registered under Sections 25-54-1959 of the Arms Act, with Police Station, Kot Kehloor, District Bilalspur, H.P., on their furnishing personal bonds, in the sum of Rs. 70,000/-, each, with one surety each in the like amount, to the satisfaction of the learned trial Court. 16. 70,000/-, each, with one surety each in the like amount, to the satisfaction of the learned trial Court. 16. This order, however, shall be subject to the following conditions:- a) Applicants shall make herself available for the purpose of interrogation, if so required 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) Applicants shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; c) Applicants 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) Applicants shall not leave the territory of India without the prior permission of the Court. 17. 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 applications. 18. 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 violated by the applicant. 19. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Open Air Jail, Bilaspur, through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 20. In case, the applicants are not released within a period of seven days from the date of grant of bail, the Superintendent of Open Air Jail, Bilaspur, H.P. is directed to inform this fact to the Secretary, DLSA, Bilaspur. The Superintendent of the Open Air Jail, Bilaspur, H.P. is further directed that if the applicants fail 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.