Partap Singh vs State of Himachal Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 888

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Partap Singh – Appellant
Versus
State of Himachal Pradesh – Respondent

Advocates:
Advocate Appeared:
For the Applicant :Mr. Yashveer Singh Rathore, Advocate.
For the Respondent:Mr. Tejasvi Sharma, Additional Advocate General, with Mr. Rohit Sharma, Deputy Advocate General, assisted by ASI Achhar Singh (IO), PS Bhuntar, District Kullu, H.P.

JUDGMENT :

Virender Singh, J.

This order of mine shall dispose of both these applications, which have been filed by the applicants,under Section 483 of the Code of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ‘BNSS’), for releasing them, on bail, during the pendency of trial, in case FIR No.13 of 2024, dated 12.01.2024 (hereinafter referred to as the ‘FIR, in question’), registered with Police Station Bhuntar, District Kullu, H.P., under Section 3 of the Explosive Substances Act, 1908 (hereinafter referred to as the ‘Act of 1908’), Sections 32 & 33 of the Indian Forest Act, 1927 (hereinafter referred to as the ‘Act of 1927’), Section 21 of the Mines & Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as the ‘Act of 1957’) and Sections 379 and 286 of Indian Penal Code (hereinafter referred to as ‘the IPC).

2. The relief of bail has been sought on the ground that the applicants, in this case, have been arrested on 11.11.2024 and from that day, they are in judicial custody. The story of the police is stated to be imaginary and baseless, as, there is no link of the applicants in the commission of the alleged crime.

3. According to the appl