Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 1162

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
VIRENDER SINGH, J.
Sushil Kumar - Applicant
Versus
State of H.P. - Respondent
Cr. MP(M) No.2290 of 2025
Decided On : 26-09-2025

Advocates Appeared:
For the Applicant :Mr. Ajay Kochhar, Senior Advocate with Mr. Bhairav Gupta, Mr. Anubhav Chopra, Advocates.
For the Respondent:Mr. Varun Chandel, Mr.Mohinder Zharaick, Additional Advocates General with Mr. Rohit Sharma, Ms. Ranjna Patial, Deputy Advocates General, assisted by HC Rajesh Kumar No. 25

Bail denied in heinous murder case involving body disposal and evidence destruction due to applicant's significant role, abnormal post-incident behaviour, prior dismissals without changed circumstances, and risk of wrong societal signal.

Headnote:(A) Bharatiya Nyaya Sanhita - Sections 103(1), 140(1), 3(5), 61(2) and 238 - Bail application during pendency of trial for murder, kidnapping, common intention, criminal conspiracy and fabrication of false evidence - Applicant falsely implicated claim rejected - Role in wrapping dead body in blanket, transporting in vehicle dickey, throwing in forest gorge, burning clothes and articles to destroy evidence - Disclosure statements leading to recovery of iron rod, vehicle, ashes - Previous bail applications dismissed as withdrawn and on merits, no change in circumstances - Co-accused granted bail - Abnormal behaviour after learning of murder by sending wife to marriage event instead of reporting - Granting bail at this stage would send wrong signal to society after planned heinous crime - Bail denied. (Paras 10-17)

Facts of the case:
Applicant sought bail claiming innocence, no concern with crime, family responsibilities with minor children and wife in custody, prior applications dismissed, co-accused released, undertaking to comply with conditions. Prosecution status report detailed missing person later identified as dead body with head injuries, love affair motive, quarrel leading to blows with iron rod, subsequent concealment and disposal by applicant and others, recoveries pursuant to disclosures, special team investigation, charge sheet filed, reports awaited.

Findings of Court:
Applicant not entitled to bail considering attributed role in heinous crime, disposal of body and destruction of evidence in planned manner.

Issues: Whether applicant entitled to bail pending trial given role in post-murder concealment, prior bail dismissals and potential to hamper investigation or coerce witnesses.

Ratio Decidendi: Court considered specific role post-murder including non-belief in wife's version, persuading attendance at marriage, active participation in body disposal and evidence destruction via burning; emphasized wrong signal to society from releasing perpetrator of planned heinous crime freely; no change from prior bail dismissal order; observations confined to bail disposal.

Result: Bail application dismissed.

Table of Content
1. bail application pending murder trial under bns. (Para 1)
2. applicant claims innocence, family needs, parity with co-accused. (Para 2 , 3 , 4 , 5 , 6 , 7)
3. deceased missing, body found and identified. (Para 8)
4. applicant aided body disposal, evidence destruction. (Para 10 , 11 , 12 , 13)
5. abnormal conduct post-murder; prior bail denied. (Para 14 , 15 , 16)
6. bail refused; no case made out. (Para 17 , 18 , 19)

JUDGMENT :

Virender Singh, J.

The present bail application has been filed by the applicant, for releasing him on bail, during the pendency of the trial, arising out of FIR No. 12 of 2025, dated 15.2.2025, registered under Sections 103(1), 140(1), 3(5), 61(2) and 238 of Bharatiya Nyaya Sanhita (hereinafter referred to as the ‘BNS’), with Police Station, Panchrukhi, District Kangra, H.P.

2. According to the applicant, he is innocent persons and has falsely been implicated and arrested by the Police. According to him, he has no concern, whatsoever with the crime, for which, he has been arrested, in this case.

3. The applicant has pleaded that he has two minor children to look after, as he and his wife are in judicial custody, in this case.

4. The applicant has further pleaded that he has earlier approached this Court by moving Cr. M.P. (M) No. 293 of 2025, however, the same was dismissed as withdrawn, on 3.3.2025. Thereafter, he again moved bail application bearing No. 1027 of 2025, however, the same was dismissed, vide order dated 30.5.2025.

5. Apart from this, it has been pleaded by the applicant that co-accused of the applicant Uttam Singh has already been released on bail, by this Court, vide order dated 30.5.2025, by way of Cr. MP (M) No. 1028 of 2025.

6. The applicant, through his counsel, has undertaken to abide by the terms and conditions, to be imposed by this Court, in case, he is ordered to be released on bail, during the pendency of the trial.

7. On these submissions, a prayer has been made to allow the bail applications.

8. When, put to notice, Police filed the status report, disclosing therein that on 15.2.2025, I.O./ASI Pawan Kumar, Police Station, Jwalamukhi, Police District, Dehra, Kangra has submitted a ruqua on the statement of Suresh Kumar (complainant), made under Section 173 BNSS, to the Police for registration of the FIR, upon which, the Police registered a case under Sections 140(1), 103(1) and 3(5) of the . The complainant has made the complaint against Nishu Bala, Sushil Kumar (applicant) and Uttam Singh.

9.1 The complainant has got recorded in his statement that he is resident of the address mentioned in the complaint and working as labourer. He is having three children (two sons and one daughter). His elder son is stated to be doing a private job in Jammu, whereas, his younger son Pankaj Kumar is stated to be doing the work of collection of blood samples for laboratory.

9.2 According to the complainant, on 18.1.2025, son of complainant, namely, Pankaj Kumar (deceased) is stated to have left the house at 8:00 a.m. without disclosing to anyone, on motorcycle bearing No. HP 37H 5279 (Black in colour). At about 2:30 p.m., they came to know that the motorcycle of his son Pankaj Kumar was found parked about 500 meters away from the house of the complainant, without handle-locked. Thereafter, the said motorcyle was brought back to the house and complainant and his wife had started looking for their son, in nearby places, but he was not found.

9.3 On 19.1.2025, Pankaj Kumar (deceased) was searched till evening and thereafter, at about 7:30 p.m., missing report of Pankaj Kumar was got lodged with Police Station, Panchrukhi, District Kangra, H.P.

9.4 On 13.2.2025, the complainant came to know that dead body of one un-identified person was found in the gorge at Jwalamukhi. The dead body was stated to be kept in mortuary of Civil Hospital, Dehra. The post-mortem of the dead body was stated to be got conducted on 15.2.2025, at RPGMC, Tanda, upon which, complainant and his daughter Rishva Dogra reached