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
| 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) |
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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