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2026 Supreme(HP) 169

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA, J.
Inderjeet Singh @ Indra - Petitioner
Versus
State of H.P. - Respondent
Cr. MP (M) No. 2445 of 2025
Decided On : 17-03-2026

Advocates:
Advocate Appeared:
For the Petitioner:Mr N.S. Chandel, Senior Advocate with Mr K.S. Gill, Advocate
For the Respondent:Mr Prashant Sen, Deputy Advocate General

The denial of bail was justified due to the serious nature of the charges, sufficient prima facie evidence, and the principle that mere delay in trial does not automatically entitle an accused to bail in grave offences.

Headnote:(A) Indian Penal Code - Sections 302, 382, and 120B - Bail application rejected in a murder case - The petitioner alleged to have been involved in a stabbing incident resulting in two deaths - Delay in trial raised but not deemed sufficient to grant bail. (Paras 1-2, 17-19)

(B) Bail - Principles governing grant of bail - The severity of the charge, nature of evidence, and risk of fleeing from justice are critical considerations. The mere length of detention does not guarantee entitlement to bail in serious offences. (Paras 8-10, 16)

Facts of the case:
The petitioner was arrested in connection with FIR No. 243 of 2023, following a violent altercation where two individuals were fatally wounded. The prior timeline revealed interactions implicating the petitioner and co-accused in instigating violence. (Paras 2-6)

Findings of Court:
The court found sufficient evidence indicating prima facie involvement in the murder, based on witness accounts and forensic evidence linking the petitioner. (Paras 12-14)

Issues: The key issues included the adequacy of evidence against the petitioner, lack of a Test Identification Parade (TIP), and the right to a speedy trial.

Ratio Decidendi: The court held that despite the delay in proceedings, the severity of the allegations and the corroborative evidence detracted from the petitioner’s right to bail. The nature of the charge warranted stringent scrutiny. (Paras 8-10, 16)

Result: Petition for bail dismissed.

Table of Content
1. factual background of the case. (Para 1 , 2 , 3)
2. arguments by parties regarding evidence and innocence. (Para 5 , 6)
3. principles and criteria for granting bail. (Para 8 , 9 , 10)
4. court's assessment of evidence and implications for bail. (Para 12 , 13 , 14 , 16 , 18)
5. conclusion on bail application. (Para 20 , 21)
JUDGMENT :
Rakesh Kainthla, J.

The petitioner has filed the present petition for seeking regular bail in FIR No. 243 of 2023, dated 10.08.2023, registered for the commission of offences punishable under Sections 302, 382 and 120B of the Indian Penal Code (IPC) at Police Station Nalagarh, District Solan, H.P.

2. It has been asserted that, as per the prosecution, the police received information regarding a fight near Idgah on 10.08.2023 at about 6:00 p.m. The police went to the spot and found two people lying on the roadside, soaked in blood. The injured were taken to the hospital. One person was identified as Kunal baba and was declared ‘brought dead’, while the other person, Varun, succumbed to his injuries after receiving first aid. The informant, Lovkesh baba, made a statement to the police that his nephew, Kunal, had received an Instragram call from Gaurav on 10.08.2023 and he (Kunal) disclosed that Gaurav was asking him to visit Banga (Punjab). The informant then talked to Gaurav, who mentioned that Kunal had been posting stories on his Instagram. The informant assured him that Kunal would not do so in the future, after which Gaurav disconnected the call. Kunal called the informant on the same day at about 4:30 p.m. and informed him that Gaurav was coming to Nalagarh. The informant advised Kunal to stay at home. Subsequently, the informant received a call from his niece stating that Kunal and Varun had been stabbed and were lying near Idgah. There was ongoing tension between Gaurav and Kunal. Gaurav and his associate had killed them with a sharp- edged weapon. The police investigated the matter and arrested Gaurav and the petitioner. The matter was listed on 17.12.2025 for prosecution evidence. There has been a delay in the trial, and the petitioner’s right to a speedy trial is being violated. No Test Identification Parade (TIP) was conducted, which renders the prosecution's case suspect. The petitioner belongs to a respectable family and undertakes to abide by all the terms and conditions that the Court may impose. Hence, it is prayed that the present petition be allowed and the petitioner be released on bail.

3. The petition is opposed by filing a status report asserting that the police received an information on 10.08.2023 at about 6:00 p.m. regarding a fight near Idgah on Ramshehar Road. The police reached the spot and found two people lying in an injured condition. They were taken to the hospital. The Medical Officer declared Kunal dead, while Varun succumbed to his injuries during treatment. The informant, Lovkesh, made a statement to the police stating that Varun and Kunal were his nephews. Kunal had received a call from Gaurav. Kunal told the informant that Gaurav was asking him to visit Banga (Punjab). The informant spoke to Gaurav, who stated that Kunal had been uploading stories on his Instagram account. The informant assured Gaurav that Kunal would not upload any story in the future. The informant again received a call at about 4:30 p.m. from Kunal, who informed him that Gaurav was visiting Nalagarh. The informant advised Kunal to stay at home. At about 6:00 p.m., the informant received a call stating that Kunal and Varun had been stabbed and were lying near Idgah. The police registered the FIR and started the investigation. The Medical Officer stated that the cause of death of Varun was hemorrhagic shock and liver laceration due to antemortem injuries. The Medical Officer further stated that the cause of death of Kunal was spleen rupture and hemorrhagic shock as a result of antemortem injuries. During the investigation, the police found that Gaurav, Inderjit Singh @ Indra, and one


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