Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 738

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Virender Singh, J.
Desh Raj - Applicant
Versus
State of Himachal Pradesh - Respondent
CrMP (M) No. : 631 of 2025
Decided On : 26-03-2025

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

The court ruled that anticipatory bail is not warranted due to serious allegations of mental harassment and the risk of tampering with evidence and witnesses.

Headnote:
(A) Bharatiya Nyaya Sanhita - Sections 108 and 3(5) - Bharatiya Nagarik Suraksha Sanhita - Section 482 - Anticipatory bail application - Applicant apprehending arrest in a case involving allegations of mental torture leading to suicide of the complainant's husband - The FIR alleges direct involvement of the applicant in the deceased's mental harassment - The police status report indicates ongoing investigation with significant evidence against the applicant - The court finds no merit in the applicant's claims of false implication and dismisses the bail application. (Paras 1-28)

(B) Bail - Granting bail requires consideration of seriousness of the allegations and potential interference with the investigation - The court emphasizes the need for custodial interrogation in serious cases. (Paras 18, 23)

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 applicant, he is innocent and has falsely been implicated, in this case, as, there is no direct or indirect evidence, connecting him, with the alleged crime.

6. Asserting the fact that he is the permanent resident of Shimla and working as Director (Electrical) in HP Power Corporation Limited, it has been demonstrated by the applicant that he is from a respectable family, having deep roots in the society.

7. The applicant has further pleaded that he is the sole bread earner of his family and is apprehending his arrest, in the said case.

8. The learned senior counsel, appearing for the applicant, has also relied upon the decisions of the Hon’ble Supreme Court, in the cases, titled as Nipun Aneja and others versus State of Uttar Pradesh , reported in 2024 SCC OnLine SC 4091 ; and Laxmi Das versus The State of West Bengal & Ors., Neutral Citation No. 2025 INSC 86 , to contend that the provisions of Section 306 IPC ( Section 108 of the BNS ) are not attracted, in this case, as, the essential ingredients of the said Section are missing.

9. He has also given certain undertakings on behalf of the applicant and has prayed that the bail application may kindly be allowed, by directing the Investigating Officer/Police of Police Station New Shimla, District Shimla, to release the applicant on bail, in the event of his arrest.

10. When put to notice, the police has filed the status report, on 22^nd March, 2025, disclosing therein, that the FIR in issue has been registered at the instance of Smt. Kiran Negi, wife of Late Shri Vimal Negi, resident of Village and Post Office Katgaon, Tehsil Nichar, District Kinnaur, in which, the complainant has alleged that she had moved the complaint before the Chief Minister; Additional Chief Secretary (Home) to the Government of Himachal Pradesh; Director General of Police and Director General of CID, regarding missing of her husband, Shri Vimal Negi.

10.1. According to the complainant, on 18^th March, 2025, the dead body of her husband was found in Bhakra Dam, Bilaspur. As per the contents of the complaint, made by the complainant, she had already intimated that her husband was being mentally tortured and misbehaved by the superior officers of the Power Corporation, for the last six months. She has specifically named applicant-Desh Raj and Managing Director of the Power Corporation, as the persons, who had tortured and misbehaved with her husband.

10.2. As per the version of the complainant, the above officers intentionally forced her husband to work late night and even, in case of illness, the leave was not sanctioned, for treatment. Not only this, the said officers are stated to have again and again threatened her husband to take action, on the administrative side. Consequently, her husband had taken the extreme step to end his life. As such,