Kamil Mohammed vs State of Himachal Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(HP) 128

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Kamil Mohammed – Appellant
Versus
State of Himachal Pradesh – Respondent

Advocates:
Advocate Appeared:
For the Petitioners:Mr Desh Raj Thakur, Advocate
For the Respondent/State:Mr Ajit Sharma, Deputy Advocate General

Table of Content
1. filing of petitions for pre-arrest bail. (Para 1 , 2)
2. factual background of the case and allegations. (Para 3 , 4)
3. arguments from both parties regarding innocence and threat to witnesses. (Para 6 , 7)
4. judicial caution in granting anticipatory bail related to investigations. (Para 9 , 11 , 12 , 20)
5. inadmissibility of co-accused statements and distinction between bail types. (Para 14 , 23)
6. conclusion of bail petitions dismissal. (Para 25 , 26)

JUDGMENT :
Rakesh Kainthla, J.

The petitioners have filed the present petitions for seeking pre-arrest bail in F.I.R. No. 35 of 2026, dated 25.02.2026, registered for the commission of offences punishable under Sections 302(2) and 3(5) of Bharatiya Nyaya Sanhita (BNS), 2023 and Sections 41 & 42 of the Indian Forest Act, 1927, registered at Police Station Majra, District Sirmour, H.P.

2. Since both the bail petitions have arisen out of the same F.I.R., hence, they are being taken up together for disposal.

3. It has been asserted that the informant Surender Kumar, Forest Guard, reported the recovery of freshly cut logs of wood at Jamni Khad, Tehsil Poanta Sahib, District Sirmour, H.P. The police arrested Lekh Raj, who was