Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 1567

IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
Virender Singh, J.
Anoop Kumar - Applicant
Versus
State of H.P. - Respondent
Cr.MP(M) No.2612 of 2025
Decided On : 20-11-2025

Advocate Appeared:
For the Applicant :Mr. N.S. Chandel, Senior Advocate, with Mr. Sidharth & Ms. Shwetima Dogra, Advocates
For the Respondent:Mr. Tejasvi Sharma & Mr. Mohinder Zharaick, Additional Advocates General, with Ms. Ranjna Patial, Deputy Advocate General

Bail granted in culpable homicide case from scuffle-induced fatal fall, due to advanced trial (40/43 witnesses examined), co-accused parity, no specific role, societal roots, completed investigation.

Headnote:(A) Bharatiya Nyaya Sanhita, 2023 - Sections 105(1), 3(5), 115(2) & 117 - Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Bail application during pendency of trial in case arising from scuffle at late-night event leading to fall from retaining wall causing death and injuries - Investigation complete, charge-sheet filed - 40 out of 43 witnesses examined - No direct evidence or specific role attributed to applicant - Co-accused released on bail - Applicant has deep roots in society, no prior cases - Presumption of innocence till proved guilty - Continued custody serves no useful purpose - Bail granted on personal bond with sureties subject to conditions including trial attendance, no tampering, no threats to witnesses. (Paras 14-27)

(B) Bail - Principles - Detailed discussion of prosecution evidence to be avoided at bail stage to prevent prejudice - Parity with co-accused applicable - Conditions imposed to address apprehension of witness coercion. (Paras 22-24)

Facts of the case:
At a new year event in banquet hall, police personnel attended, altercation with hotel staff ensued during dancing, leading to scuffle near parking ramp; three persons fell from retaining wall, one died from head injuries, others injured including applicant. Implication via eyewitness statement, CCTV footage showing presence and movements. Investigation revealed involvement of multiple persons including staff; initial murder charge altered to culpable homicide not amounting to murder.

Findings of Court:
Applicant entitled to bail considering trial progress, parity, lack of custodial need, and societal ties; conditions to ensure compliance.

Issues: Whether applicant entitled to bail in serious offence case at advanced trial stage despite prosecution apprehensions of witness tampering.

Ratio Decidendi: No purpose served by continued custody post-investigation and with most witnesses examined; parity, absence of specific attributed role, local residency, and no prior record justify release on stringent conditions; evidence merits determined at trial.

Result: Bail application allowed.

Table of Content
1. bail plea: innocence, no evidence, parity, trial progress. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11)
2. hotel scuffle caused death; cctv, statements implicate accused. (Para 12 , 13 , 14)
3. bail on parity, innocence presumption, no flight risk. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24)
4. bail granted with bonds, sureties, anti-tampering conditions. (Para 25 , 26 , 27 , 28 , 29 , 30 , 31)

JUDGMENT :
Virender Singh, Judge

By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), applicant-Anoop 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 and Post Office Kiani, Tehsil and District Chamba, H.P. It has been pleaded that he belongs to a respectable family and having deep roots in the society.

3. According to the applicant, he is innocent person and has falsely been implicated, in the present case.

4. It is the further case of the applicant that there is no direct or indirect evidence to connect him, with the crime in question.

5. It is the case of the applicant that initially, the investigation was conducted by the police and thereafter, investigation was entrusted to Police Station, CID, Bharari and on 03.01.2025 applicant was named, as accused by the CID and was arrested.

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

7. According to the applicant, he had earlier tried his luck by moving similar bail applications, before the Court of learned Sessions Judge, Chamba, District Chamba, Himachal Pradesh. However, the same were dismissed vide orders dated 04.04.2025 & 24.10.2025.

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

9. According to the applicant, his two co-accused namely Verender Kumar and Amit Kumar have also been released on bail, by this Court. As such, on the ground of parity, he is entitled for the relief, as claimed, in the application.

10. 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.

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

12. 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, 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.

12.1. 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 floor of the Hotel. On 31.12.2024, the party had starte