Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 1558

IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
Virender Singh, J.
Subhash Kumar - Applicant
Versus
State of H.P - Respondent
Cr.MP(M) No.2633 of 2025
Decided On : 17-11-2025

Advocates Appeared:
For the Applicant :Ms. Pallavi, Advocate, vice Mr. K.B. Khajuria, Advocate.
For the Respondent:Mr. H.S. Rawat, Mr. Mohinder Zharaick, Additional Advocates General with Mr. Rohit Sharma & Ms. Ranjna Patial, Deputy Advocates, General, assisted by Inspector Prakash Chand, CID Bharari.

Bail granted in death case despite CCTV involvement from inception, as no specific role attributed, investigation complete, most witnesses examined, parity with co-accused, deep roots, with conditions against tampering.

Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Bharatiya Nyaya Sanhita - Sections 105(1), 3(5), 115(2) & 117 - Bail during pendency of trial - Applicant accused in case arising from death during scuffle at hotel event - Initially complainant, later implicated via CCTV showing presence from inception till incident including verbal altercation but no specific role attributed - Investigation complete, charge sheet filed, almost all witnesses examined with none deposing against applicant - No custodial interrogation required, no prior cases, deep societal roots, presumption of innocence - Co-accused released on bail earlier - Apprehensions of witness coercion addressed by conditions - Bail allowed despite seriousness of offence. (Paras 13-21)

Facts of the case:
Hotel employee, initially complainant regarding scuffle between staff and off-duty police officials during New Year event leading to hotel manager and another falling from retaining wall causing manager's death, later named accused based on CCTV footage and witness identification showing involvement from start. Prior bail dismissed by Sessions Judge. Co-accused granted bail by High Court.

Findings of Court:
No useful purpose served by continued judicial custody given lack of specific role, completed investigation, examined witnesses, local residency ensuring availability, and parity with co-accused. Conditions imposed to prevent tampering.

Issues: Whether continued custody justified despite completed investigation and no specific role; parity with co-accused; risk of witness tampering.

Ratio Decidendi: In bail matters, detailed evidence discussion avoided to prevent prejudice; no specific role and other factors outweigh seriousness where investigation complete and conditions mitigate risks; presumption of innocence applies till proven guilty. (Paras 15-20)

Result: Bail application allowed on furnishing personal bond of Rs.50,000/- with two sureties, subject to conditions including regular court attendance, no tampering, no threats to witnesses, no leaving country without permission.

Table of Content
1. applicant's residence, innocence, and false implication claimed. (Para 1 , 2 , 3 , 4 , 5)
2. bail urged on parity, no custody need, undertakings. (Para 6 , 7 , 8 , 9 , 10)
3. new year party scuffle leads to manager's death. (Para 11)
4. prosecution fears witness tampering, seeks bail denial. (Para 12 , 14)
5. no specific role; parity, conditions mitigate risks. (Para 13 , 15 , 16 , 17 , 18 , 19 , 20)
6. bail granted with bonds and strict conditions. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27)

JUDGMENT :

Virender Singh, J.

By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), applicant-Subhash Kumar has sought his release, on bail, during the pendency of the trial, arising out of FIR No.1 of 2025, dated 01.01.2025, registered under Sections 103 (1), 3(5), 115(2) & 117 of Bharatiya Nyaya Sanhita (hereinafter referred to as ‘’), with Police Station, Dalhousie, District Chamba, H.P.

2. Reasserting the fact that the applicant is permanent resident of village Kandi, Post Office Bhalei, Development Block Salooni, Tehsil Salooni, District Chamba, H.P. It has been pleaded that he is having deep roots in the society.

3. According to the applicant, he is innocent person and has falsely been implicated, in the present case. He has termed the case registered against him, as false.

4. It is the further case of the applicant that initially, he was named as complainant, but, on 03.01.2025, the investigation was entrusted to Police Station, CID, Bharari and on 14.01.2025 applicant was named, as accused by the CID and was arrested on the same day.

5. As per the applicant, till date, almost all the relevant witnesses have been examined and none of the witnesses have deposed against him.

6. According to the applicant, he had earlier tried his luck by moving similar bail application, before the Court of learned Sessions Judge, Chamba, District Chamba, Himachal Pradesh. However, the same was dismissed vide order dated 04.04.2025.

7. As per the stand of the applicant, the applicant is in judicial custody and custodial interrogation of the applicant is no longer required by the Police.

8. According to the applicant, his co-accused Amit Kumar has also been released on bail, by this Court, on 10.10.2025, in Cr.MP(M) No.2361 of 2025. As such, on the ground of parity, he is entitled for the relief, as claimed, in the application.

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

10. On the basis of the above facts, a prayer has been made to allow the bail application.

11. When, put to notice, the police has filed the status report, disclosing therein, that on 01.01.2025, Constable Vijay Kumar, who was posted, as driver with the Dy.SP, telephonically informed Police Station Dalhousie, about the fact, that near Hotel Nature Valley, Banikhet, two persons, were lying injured and number of persons had gathered there. The said persons allegedly sustained injuries in a scuffle. As per the informant, the injured have been taken to Bekunth Bathri Hospital, upon which, ASI Vivek Sharma, along with other police officials, reached at Hotel Nature Valley near Banikhet, where, on the spot, the then, Dy.SP Shri Hemant Thakur, along with other police officials, Inspector SHO Jagveer Singh was also present. Thereafter, on inquiry, employee of the Hotel, applicant- Subhash Kumar S/o Prakash Chand, made a statement to the ASI Vivek Sharma, disclosing therein, that he is resident of village Kandi, P/o Dalhei, Tehsil Salooni. From the last three years, he is working as Senior Steward in Hotel Nature Valley, Banikhet.

11.1. On 31.12.2024, a dance and dine event was organized for the guests in Hotel Nature Valley, on the occasion of new year. The arrangement of the function was made in the Banquet Hall of ground flo