Desh Raj vs State of Himachal Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 738

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

Advocate Appeared:
For the Applicant :Mr. N.S. Chandel, Senior Advocate, with Mr. Raju Ram Rahi and Mr. Parveen Kumar, Advocates.
For the Respondent:Mr. Mohinder Zharaick, Additional Advocate General, with Ms. Ranjna Patial, Deputy Advocate General, assisted by Shri Vikram Chauhan, Deputy Superintendent of Police (City), Shimla and Inspector Manoj Thakur, SHO, Police Station New Shimla
For the Complainant :Mr. Rajiv Rai, Mr. Vivekanand and Mr. Chaman Negi, Advocates

JUDGMENT :

Virender Singh, J.

Applicant-Desh Raj is apprehending his arrest in case FIR No. 9 of 2025, dated 19^th March, 2025, registered with Police Station New Shimla, District Shimla, H.P., under Sections 108 and 3 (5) of the Bharatiya Nyaya Sanhita (hereinafter referred to as ‘ BNS ’).

2. By way of the present application, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘ BNSS ’), indulgence of this Court has been sought, by the applicant, to direct the Investigating Officer/Police of Police Station New Shimla, District Shimla, to release him, on bail, in the event of his arrest, in the above-noted case/FIR.

3. According to the applicant, the said FIR has been lodged, at the instance of the wife of Shri Vimal Negi, whose dead body was found in Bhakra Dam.

4. It has been averred in the bail application that as per the allegations, the husband of the complainant was being tortured mentally by the superior officers of the Power Corporation, especially, Director (Electrical) and Managing Director. The allegations of misbehave with deceased Vimal Negi are also stated to have been alleged by the wife of the deceased.

5. According to the applica