The court ruled that bail cannot be denied as a form of punishment before trial, emphasizing that continued detention is unwarranted when the investigation is complete.

JUDGMENT :

Virender Singh, J.

The applicant has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘the B.N.S.S.’) in case FIR No. 31 of 2024, dated 5.7.2024, under Sections 105, 238, 239 and 3(5) of the Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the BNS”) registered with Police Station, Jubbal, District Shimla, H.P.

2. According to the applicant, he has been falsely implicated in the present case, as nothing has been found in the investigation, connecting him, with the crime in question.

3. Applicant has further pleaded that he has tried his luck by filing the bail application before the learned Additional Sessions Judge, Rohru, which was dismissed, on 29.10.2024. Thereafter, he has moved Cr.MP(M) No. 62 of 2015, before this Court, which was dismissed as withdrawn on 9.1.2025.

4. The applicant, through his counsel, has given certain undertakings, for which, he is ready to abide by, in case, ordered to be released on bail.

5. On all these submissions, Mr. Nitin Thakur, learned counsel appearing for the applicant, has prayed that the bail application may kindly be allowed.

6. When, put to notice, Police has filed the status report, disclosing therein that on 3.7.2024, at about 8:55 a.m., one Rajesh Kumar, Manager, Azad Workshop Prahat Pul, telephonically informed the police of Police Post, Saraswati Nagar that a person is lying dead near Prahat Pul, upon which, ASI Jyoti Kumar, Incharge Police Chowki, Saraswati Nagar, reached there. On the spot, Up-Pradhan, Gram Panchayat, Saraswati Nagar and other local persons were also present. SDPO, Rohru also reached at the spot. Photography of the spot was done and dead body was minutely inspected.

6.1 The dead body was identified as of one Rahul Kulla, S/o Madan Lal, R/o Bhatwari, P.O. Kaloti, Tehsil Chirgaon, District Shimla, H.P. The uncle of deceased, Anil Kumar and Narender Kumar were also present on the spot. Their statements were recorded. No sign of external injury was found on the dead body. Thereafter, dead body was sent for post-mortem examination to Civil Hospital, Jubbal and after conducting the post-mortem, the dead body was handed over to the family members for performing the last rites.

6.2 During investigation, it was found that deceased Rahul Kulla was addicted to drugs, and without disclosing to his parents, he used to leave the house. From the last three months, he was also stated to be out of house. However, 7-8 days prior to the incident, he is stated to have returned back and stayed there for 3-4 days. Thereafter, he again left the house. Proceedings under Section 194 BNSS were conducted by ASI Jyoti Kumar.

6.3 Family members of deceased Rahul Kulla raised suspicion of his death, upon which, SDPO, Rohru had constituted a Special Investigating Team.

6.4 Mobile phone of deceased Rahul Kulla was found in the broken condition, at the spot, which was taken into possession. Thereafter, service provider was requested to provide the CDR of Rahul Kulla, bearing mobile No. 7807954197. CCTV footage of camera installed at Hatkoti Kenchi, was checked.

6.5 On 5.7.2024, uncle of deceased Rahul Kulla made a complaint before the Police, disclosing therein that they are three brothers. Elder brother Madan Lal (father of deceased Rahul Kulla) is stated to have expired. They are stated to be residing jointly. Deceased Rahul Kulla, during his lifetime, is stated to be driving the vehicle. On 30.6.2024, deceased Rahul Kulla is stated to have left the house, on the pretext that he is going out with his friend in pick-up. On 3.7.2024, they came to know about the death of Rahul Kulla. His body was identified. A syringe was also found in the right hand of Rahul Kulla. On the day, when the complaint was made, the complainant came to know about the fact that on 30.6.2024, his nephew had gone to Dehradun in the pick-up of Aakash (applicant), R/o Village Andhra, alongwith Prince Deshta.

6.6 As per the complainant, on 4.7.2025