Research › Search › Judgment

Himachal Pradesh High Court · body

2025 DIGILAW 637 (HP)

Gurmeet Singh Alias Chidu v. State of Himachal Pradesh

2025-04-04

VIRENDER SINGH

body2025
JUDGMENT : Virender Singh, J. 1. Applicant-Gurmeet Singh @ Chidu, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (hereinafter referred to as the ' BNSS ') with a prayer to release him on bail, during the pendency of trial, in case FIR No.157 of 2024, dated 30.06.2024, registered, under Sections 307 , 506 , 201 of the Indian Penal Code (hereinafter referred to as the ‘ IPC ’) and Sections 25 & 27 of the Arms Act , with Police Station Baddi, District Solan, H.P. 2. According to the applicant, he is innocent person and has falsely been implicated and arrested, in the present case. 3. As per the applicant, he has no role to play in the crime, in which, he has been named as accused. Investigation, in the present case, is stated to be completed and nothing is to be recovered from the applicant or at his instance. 4. Apart from this, learned counsel 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. 5. The applicant has also tried his luck, by moving similar application, before the Court of learned Additional Sessions Judge, Nalagarh, however, the said application was dismissed on 09.09.2024. Thereafter, the applicant has filed bail application, bearing Cr. MP(M) No. 2762 of 2024, before this Court, which was dismissed as withdrawn on 12.12.2024. 6. On the basis of the above facts, a prayer has been made to allow the application. 7. When put to notice, the police has filed the status report, disclosing therein, that on 30.06.2024, a telephonic information was received from CHC Baddi, in the Police Station, disclosing therein, that a person, from village Narangpur Thana has been brought, in injured condition, for treatment, upon which, HC Amarjeet No.48, along with other police official, reached at CHC Baddi. 7.1. Thereafter, a request for MLC of the injured was made to the doctor. However, the doctor declared him unfit to make statement and referred the injured to PGI Chandigarh, for further treatment. 7.2. Thereafter, HC Amarjeet Singh, reached at PGI Chandigarh, where, the opinion of the Medical Officer was obtained, who had declared the injured, as, fit to make the statement. However, the doctor declared him unfit to make statement and referred the injured to PGI Chandigarh, for further treatment. 7.2. Thereafter, HC Amarjeet Singh, reached at PGI Chandigarh, where, the opinion of the Medical Officer was obtained, who had declared the injured, as, fit to make the statement. Thereafter, the statement of Didar Singh, under Section 154 Cr.PC., was recorded, in which, he has deposed that he is agriculturist by profession. On 30.06.2024, there was a Cricket tournament in village Narangpur in a ground near Brick Kiln. 7.3. The complainant, along with his friend Kala, Gola, Sonu and Jainta had gone to watch the said match. At about 3.05 p.m., they were watching the match, while sitting on the chairs, meanwhile, Gurmeet Singh @ Chidu (applicant) and Binder came there. Gurmeet Singh @ Chidu (applicant) directed the complainant to come out, as he wants to kill him, however, his threatening has been ignored by the complainant. 7.4. Thereafter, Gurmeet Singh @ Chidu (applicant) again came at the place, where the complainant was sitting on the chair and put his pistol on the back side of the head of the complainant and another pistol was put on the thigh and said that he will kill him, as well as, his family members. 7.5. Thereafter, the applicant has fired the pistol, which was put on the thigh and the pistol put on the head did not fire. Thereafter, Gurmeet Singh @ Chidu (applicant) and Binder, fled away from the spot, along with three other persons, in a vehicle. As such, a prayer has been made to take action against the applicant. 8. On the basis of the above facts, the FIR, in question, has been registered and the criminal machinery swung into motion. 9. During investigation Forensic Expert Baddi, was requested to inspect the spot, who has visited the spot and made efforts to find out the empty cartridges, but, the same could not be recovered. 10. On 01.07.2024, the motorcycle used by Gurmeet Singh (applicant) was found in village Majri, which was taken into possession. On 02.07.2024, statements of witnesses, under Section 161 Cr.PC have been recored. Thereafter, Section 120-B and Section 34 IPC , were deleted from the FIR. 11. 10. On 01.07.2024, the motorcycle used by Gurmeet Singh (applicant) was found in village Majri, which was taken into possession. On 02.07.2024, statements of witnesses, under Section 161 Cr.PC have been recored. Thereafter, Section 120-B and Section 34 IPC , were deleted from the FIR. 11. During investigation, it was found that in order to watch the cricket match at Narangpur village, Yuvraj @ Yuva, along with his friends, was on his way to his maternal grandparents village. On the way, Gurmeet Singh @ Chidu (applicant) met him. Thereafter, Gurmeet Singh @ Chidu (applicant) and Binder had also come with them. It was found that on the spot, only Gurmeet Singh (applicant) came on the motorcycle. 12. As per the statement of witnesses, there was animosity between the accused (applicant) and the ½ complainant, for the last 1 –2 years. 13. On 15.07.2024, accused (applicant) was arrested. He was also medico-legally examined. During the police remand, he has made a statement under Section 27 of the Indian Evidence Act and got recovered the pistol/ country made pistol. On 20.07.2024, although, he has made a disclosure statement regarding second pistol/ katta, but, he could not got the same recovered. As such, Section 201 IPC was added, in this case. On the basis of the discharge summary of the applicant, Section 324 IPC was added. 14. After completion of the investigation, the police has filed the charge sheet on 10.09.2024, which is pending before the Court of learned Additional Sessions Judge, Nalagarh and is fixed for PWs on 24.03.2025. 15. Apart from the present case, the following cases are found to have been registered against the applicant:- i) FIR No. 286/19, dated 14.11.2019, under Section 341, 323, 506, 34 IPC ii) FIR No. 232/21, dated 10.10.2021, under Section 147, 148, 149, 451, 323 IPC iii) FIR No.102/23, dated 14.04.2023, under Section 353, 332, 34 IPC iv) FIR No.100/24, dated 21.04.2024, under Sections No.147, 148, 149, 323, 324, 325, 506, IPC , Police Station Baddi 16. It has also been mentioned, in the status report that apart from the above case, FIR No.55 of 2023, dated 01.03.2023, was also registered, under Sections 364, 34 IPC , in Police Station, Baddi, in which, the police has submitted the cancellation report on 30.03.2023. 17. It has also been mentioned, in the status report that apart from the above case, FIR No.55 of 2023, dated 01.03.2023, was also registered, under Sections 364, 34 IPC , in Police Station, Baddi, in which, the police has submitted the cancellation report on 30.03.2023. 17. The investigation, in the present case, is complete, as, in the status report, it has been mentioned that the police has filed the charge sheet, in the competent Court of law, in which, the competent Court of law has taken the cognizance and the charges have been framed. Now, the case is stated to be listed for PWs. 18. No useful purpose would be served, by keeping the applicant, in judicial custody, that too, for indefinite period, as, the chances of conclusion of the trial are not so bright. 19. At the time of deciding the bail application, detailed discussion about the evidence, so collected, by the prosecution, should be avoided, as, it will cause prejudice to the case of the prosecution, as well as, that of the accused (applicant). 20. The applicant is permanent resident of District Solan, as such, it cannot be apprehended that in case, he is released on bail, he may not be available for the trial. 21. In the absence of any apprehension expressed in the status report, the relief, for which, the applicant otherwise is entitled to, cannot be declined to him, merely on the ground that four other cases have been found to be registered against him. 22. As per the status report, admittedly, in none of the cases, the applicant has been convicted. Merely, on the basis of the fact that four cases have been registered against the applicant, he cannot be said to be habitual offender 23. The role allegedly played by the applicant, in the commission of the alleged offences, for which, he has been named, as accused, will be proved during the trial. 24. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. The role allegedly played by the applicant, in the commission of the alleged offences, for which, he has been named, as accused, will be proved during the trial. 24. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. The applicant is ordered to be released on bail in case FIR No.157 of 2024, dated 30.06.2024, registered, under Sections 307 , 506, 201 , 324 of the IPC and Section 25 and 27 of the Arms Act , with Police Station Baddi, District Solan, H.P., on his furnishing personal bond, in the sum of Rs.1,00,000/-, with one surety, in the like amount, to the satisfaction of learned trial Court. 25. This order of release, however, shall be subject to the following conditions :- “a) Applicant shall make himself 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 appropriate application; b) Applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; c) 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) Applicant shall not leave the territory of India without the prior permission of the Court.” 26. 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 application. 27. 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 to be violated by the bail applicant/petitioner. 28. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Sub-Jail, Nalagarh, District Solan through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 29. 28. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Sub-Jail, Nalagarh, District Solan through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 29. 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, is directed to inform this fact to the Secretary, DLSA, Solan. The Superintendent of Jail, Sub-Jail, Nalagarh, District Solan, 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.