Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 1288

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Virender Singh, J.
Raman Kumar - Applicant
Versus
State of Himachal Pradesh - Respondent
CrMP (M) No. : 2149 of 2025
Decided On : 12-09-2025

Advocates Appeared:
For the Applicant :Mr. Anshul Bansal, Senior Advocate, with Mr. Adhiraj Singh Thakur, Mr. Piyush Dhanotia and Mr. Ankit Chandel, Advocates.
For the Respondent:Mr. Tejasvi Sharma and Mr. H.S. Rawat, Rattan, Additional Advocates General, with Ms. Ranjna Patial, Deputy Advocate General, assisted by SI Jagat Ram, Police Station ajra, District Sirmaur, H.P.

Bail granted in mob violence and police assault case amid communal tensions on grounds of trial pendency, presumption of innocence, parity with co-accused, completed investigation, clean antecedents, and no further custodial need.

Headnote:(A) Bharatiya Nagarik Suraksha Sanhita - Section 483 - Bharatiya Nyaya Sanhita, 2023 - Sections 299, 132, 191(2), 191(3), 190, 351(2), 115(2), 121(1), 109, 61(2), 118(1) - Bail during pendency of trial - Applicant seeking release in case arising from mob gathering amid communal tensions over prior incident of enticing away, leading to violence, stone pelting, assault on police personnel with weapons causing injuries - Applicant identified via CCTV as muffled-face person wielding gandasi, attacking head constable - Investigation complete with recovery of weapon - Clean antecedents, co-accused released on bail - Held: Role to be proved at trial; presumption of innocence till conclusion; no pre-trial punishment; custodial interrogation unnecessary; parity applicable; bail allowed subject to conditions. (Paras 14-19)

(B) Criminal Trial - Bail considerations - No dismissal as punishment; indefinite custody unjust if trial not imminent; deep societal roots reduce flight risk; undertakings by applicant. (Paras 4-8, 15)

Facts of the case:
FIR registered for offences including murder attempt, assault on public servant, rioting, criminal conspiracy following mob violence where police personnel injured by stones and weapons during attempt to pacify agitators heading towards certain house; applicant alleged as key aggressor per video evidence and disclosures; arrested after anticipatory bail rejection; claims false implication due to rivalry, full cooperation.

Findings of Court:
Applicant directed to be released on bail bonds of Rs.50,000/- with one surety, subject to conditions including regular court attendance, no evidence tampering, no threats to witnesses, no leaving country without permission.

Issues: Whether applicant entitled to regular bail despite serious allegations of instigating mob, assaulting police, and role in communal violence; balance between societal implications and personal liberty.

Ratio Decidendi: Presumption of innocence prevails pre-trial; bail not to be denied as punishment; parity with released co-accused; completed investigation negates custody need; clean record strengthens case.

Result: Bail application allowed.

Table of Content
1. applicant claims innocence, parity, clean record for bail (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9)
2. mob violence injures police during communal protest pacification (Para 10)
3. prosecution opposes bail citing seriousness, witness tampering risk (Para 12 , 13)
4. presumption of innocence, parity, no priors favor bail grant (Para 14 , 15 , 16 , 17)
5. bail allowed on bonds subject to conditions (Para 18 , 19 , 20 , 21 , 23)

JUDGMENT :

Virender Singh, J.

Applicant-Raman Kumar has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘BNSS’), seeking, his release on bail, during the pendency of trial, arising out of FIR No. 97 of 2025, dated 13.06.2025, registered under Sections 299 , 132, 191(2), 191(3), 190, 351(2), 115(2) 121(1), 109, 61(2) and 118(1) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as ‘’), with Police Station Majra, District Sirmaur, H.P.

2. According to the applicant, he is innocent and has nothing to do with the alleged offence, for which, he has been arrested by the police, in this case.

3. As per the applicant, the above-noted FIR has been registered on a false complaint, impleading him in a wrong and illegal manner, on the basis of political rivalry.

4. According to the applicant, he is permanent resident of the address, as mentioned in the bail application, having deep roots in the society, as such, there is no likelihood of his fleeing from the course of justice.

5. The investigation, in the present case, is stated to be completed and the applicant is stated to have duly co-operated with the Investigating Agency, during investigation.

6. The applicant has also highlighted his clean antecedents to seek the relief of bail, during the pendency of the trial.

7. The relief of bail has also been sought on the ground that the other co-accused of the applicant, in this case, have already been released on bail, by this Court.

8. The applicant, through his counsel, has also given certain undertakings, for which, he is ready to abide by, in case, ordered to be released on bail, during the pendency of the trial.

9. On all these submissions, learned Senior Counsel appearing for the applicant, has prayed that the bail application may kindly be allowed.

10. When put to notice, the police has filed the status report, disclosing therein, that on 13.06.2025, HC Pradeep Kumar No. 209, was directed to visit Civil Hospital, Paonta Sahib and JC Juneja Hospital, to verify the factual position, as mentioned, in reports No. 38 and 39. In JC Juneja Hospital, HC Sandeep was found in injured condition. Requisite forms were filled for his medico legal examination and MLC was obtained.

11.1. Thereafter, HC Pradeep Kumar No. 209, visited Civil Hospital Paonta Sahib, where ASI Ashish Kumar, was found admitted for treatment. MLC of SI Ashish Kumar was obtained. The Medical Officers of JC Juneja Hospital, and Civil Hospital, Paonta Sahib, declared the injuries on the person of HC Sandeep Kumar and ASI Ashish Kumar, as simple in nature.

11.2. Thereafter, ASI Ashish Kumar, Police Station Majra, District Sirmaur, got recorded his statement, under Section 173 of the BNSS to HC Pradeep Kumar No. 209, disclosing therein, that he is posted as I.O. in Police Station Majra.

11.3. On 10.06.2025, a case FIR No. 95 of 2025, was registered, under Section 137(2) of the BNS, on the ground that one Muslim boy had enticed away a Hindu girl. In this context, on 13.06.2025, in the morning, volunteers of Jagran Manch had gathered at Majra Chowk for demonstration.

11.4. The said mob was pacified by SDPO and Incharge, Police Station, Majra, however, the persons, who were demonstrating there, were again and again stressing that they will finish the person, who has enticed away the girl. Due to their activities, the police apprehended about the violence. As such, police force was requested to be deputed from Police Lines, Nahan and Paonta Sahib. Those policemen were deputed at t