The court ruled that bail should be denied due to the petitioner's extensive criminal antecedents and involvement in the crime, emphasizing the need for public safety.

JUDGMENT : 

RAKESH KAINTHLA, J.

1. The petitioner has filed the present petition for seeking regular bail in FIR No. 58 of 2025, dated 14.03.2025, registered at Police Station Sadar, District Bilaspur, H.P., for the commission of offences punishable under Sections 61(2), 109, 238 of Bharatiya Nyaya Sanhita, 2023 (in short ‘BNS’) and Section 25 of Arms Act.

2. It has been asserted that the informant and 3-4 people were sitting in the courtyard on 14.03.20.25. Four people entered the courtyard at around 3 PM. Two of them pulled out pistols and started firing at the informant and other persons. The informant and other persons shouted for help and ran away from the spot. The assailants also ran away. Bambar Thakur, the informant and his PSO sustained injuries. They were taken to the hospital. The matter was reported to the police. The police registered the FIR and arrested the petitioner on 15.03.2025. The petitioner was not present at the crime scene, and he has no connection with the commission of the crime. The petitioner’s mobile phone was seized. There was no call between the petitioner and the co-accused. The petitioner was subjected to custodial torture on the night of 07.08.2025. A civil writ petition has been filed before the Court, which is pending adjudication. The charges have not been framed. One of the co-accused, Rohit Rana, was released on bail by the learned Sessions Judge, Bilaspur, on 08.08.2025. The role attributed to him is similar to the role attributed to the petitioner. The petitioner is entitled to bail on the principle of parity. The petitioner would abide by the terms and conditions which the Court may impose. Hence, the petition.

3. The petition is opposed by filing a status report asserting that petitioner, Manjeet Singh Nadda, was aware of the fact that Saurab Patial was shot near Bilaspur Court Complex. He wanted to take revenge. The petitioner kept a watch on the movement and shared the information with the co-accused. The petitioner had sent Aman @ Kaku with three shooters; however, Bambar Thakur was not present at home, and they had returned. The petitioner had used the vehicle of the co-accused Rohit Kumar Rana bearing registration No. HP93-2944 to abscond with him. The co-accused Saurab Patial, the petitioner and other co-accused were aware of the fact that people would visit the house of Bambar Thakur on 14.03.2025 to celebrate Holi. He had asked the petitioner and other co-accused to keep an eye on the movement of Bambar Thakur. The petitioner and Ritesh were found together at the time of the shooting incident. The location of the mobile phone of the petitioner, Ritesh Sharma and Rohit Kumar Rana was found at Bilaspur. The petitioner had talked to Rohit Rana on 14.03.2025 at 02.41 pm and 3:04 pm. The petitioner and Rohit Rana had moved towards Mandi after the incident. The petitioner had deleted the data from his mobile phone, and the mobile phone was sent to SFSL, Junga, for the retrieval of data. The result from SFSL, Junga, is awaited. The petitioner and other persons had attacked Sunny inside the Jail, and FIR No. 111/25 was registered in the Police Station. 30 FIRs have been registered against the petitioner, out of which 18 are pending for trial and investigation. The police have filed the charge sheet, and the matter is pending before the learned Additional Sessions Judge, Bilaspur, on 28.10.2025. Hence, the status report.

4. I have heard Mr Kamlesh Kumar, learned counsel, vice Mr Raj Kumar Verma, Advocate for the petitioner and Mr Jitender Sharma, learned Additional Advocate General for the respondent/State.

5. Mr Kamlesh Kumar, learned counsel for the petitioner, submitted that the petitioner is innocent and he was falsely implicated. The co-accused has been released on bail, and the petitioner is entitled to bail on the principle of parity. Hence, he prayed that the present petition be allowed and the petitioner be released on bail.

6. Mr Jitender Sharma, learned Additional Advocate General