Bail denied in double murder case due to offence gravity, prima facie involvement per eyewitness and CCTV, alibi for trial, and tampering risks before complainant examination.

JUDGMENT :

Virender Singh, J.

Applicant Ramesh Chander Jaswal has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for releasing him on bail, during the pendency of the trial, arising out of FIR No.187 of 2024, dated 23.12.2024, registered under Sections 103(1), 109(1), 190, 191(3), 61(2) of Bharatiya Nyaya Sanhita (hereinafter referred to as ‘BNS’) and Sections 25 & 27 of the Arms Act, with Police Station, Haroli, District Una, H.P.

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

3. According to the applicant, he has no concern, whatsoever, with the crime in question. Presently, applicant is stated to be in judicial custody. Investigation, in the present case, is stated to have been completed and the police has filed the charge sheet, in which, total 68 witnesses, have been cited, as prosecution witnesses.

4. The applicant had earlier tried his luck, by moving similar application, before the Court of learned Additional Sessions Judge-II, Una, District Una, H.P., which was dismissed on 07.10.2025.

5. Highlighting the fact that, as per the evidence, collected by the police, especially, the CCTV footage, it has been found that the applicant had left his shop at 11:37 AM, after the first incident of fight. Thereafter, he came back to the shop at 12:01 PM, and parked the scooty near his shop and went to the shop to open the same. In the meanwhile, accused Deshdeep came there, in his car and stopped the car and took the rifle from the car. The applicant had tried to stop him, but, he ran away. In this regard, the applicant has relied upon the CCTV footage, obtained by the police, during the investigation.

6. It is the further case of the applicant that the spot is at a distance of 100 meters, away from his shop and the applicant, at the time of alleged firing, was in his shop.

7. According to the applicant, no role is stated to be attributed to the applicant to connect him with the crime, in question. The bail has also been sought on the ground that there is undue delay in the trial.

8. Apart from this, Mr. Amrinder Singh Rana, Advocate, 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.

9. On the basis of the above facts, a prayer has been made to dismiss the application.

10. When, put to notice, the police has filed the status report, disclosing therein, that on 23.12.2024, MC Pandoga, telephonically informed the police of Police Post Pandoga, that there is incident of firing in village Bhadsali, upon which, HC Sunny Sharma, Sub Inspector, Chetan Singh I.O., Police Post Haroli, along with other police officials, had proceeded towards Regional Hospital, Una, as the injured persons, in the firing incident, were brought for treatment to Regional Hospital, Una. In Regional Hospital, Una, the Medical Officer had disclosed that the injured persons, in the said shooting incident, namely; Ravinder Kumar, son of Sanjeev Kumar and Sanjeev Kumar son of Jagir Singh, were brought dead and their dead bodies have been kept in mortuary.
10.1. In Regional Hospital, Una, eye-witness, Jasvinder Singh son of Satnaam Singh, made a statement, under Section 173 of BNSS, before SI/IO Chetan Singh, disclosing therein, that he is resident of village Pandoga, Tehsil Haroli, District Una, H.P., and agriculturist by profession. Ravinder Kumar son of Sanjeev Kumar, resident of village Bhadsali is his friend.
10.2. On 23.12.2024, at about 10:30 AM,