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2025 Supreme(HP) 599

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr. Justice Virender Singh, J
Kesari Devi – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the Applicant :Mr. Ashok Kumar Tyagi, Advocate.
For the respondent:Mr. Tejasvi Sharma & Mr. Mohinder Zharaick,  Additional  Advocates General,  with  Mr.  Rohit  Sharma, Deputy  Advocate  General,  assisted by  ASI  Ramesh  KumarIII,  Police Station, Gohar, District Mandi.

JUDGMENT :

(Virender Singh, J.)

Applicant-Kesari Devi, 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.41 of 2024, dated 13.04.2024, registered, under Sections 302, 341, 323, 325, 506 and 34 of the Indian Penal Code (hereinafter referred to as ‘the IPC’), with Police Station Gohar, District Mandi, H.P.

2. According to the applicant, she has been arrested, in a false case and at the time of alleged incident, she was neither present on the spot, nor, has played any role, as, deceased has fallen down and sustained injuries.

3. It is the further case of the applicant that the investigating agency could not collect any evidence, on the basis of which, any role can be attributed to the applicant. In this regard, she has relied upon the medical report, as according to the applicant, the said report also suggests that the injuries received by the deceased were not due to any sharp/blunt weapon.

4. According to the applicant, as per the medical report, the deceased died due to septicemic shock secondary to blunt trauma su

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