Bail denied due to offence seriousness involving explosives, criminal antecedents, risks of evidence tampering and public safety threats; merits not evaluated deeply at bail stage to avoid prejudice.

JUDGMENT :

Virender Singh, J.

Applicant-Balwinder Singh @ Ballu, has filed the present application, under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for releasing him on bail, during the pendency of trial, arising out of FIR No. 35/2022, dated 29.01.2022, registered with Police Station Sadar Kullu, District Kullu, H.P., under Sections 435, 427, 120-B of Indian Penal Code (hereinafter referred to as ‘the IPC’) and Section 3 of Explosive Substance Act, 1908.

2. According to the applicant, he is innocent person and has falsely been implicated, in the present case, as he has no concern whatsoever, with the crime in question and even during the investigation, the police could not collect any evidence, connecting the applicant, with the crime in question.

3. As per the applicant, he has been arrested, in this case, merely on the basis of suspicion and confessional statement, recorded before police at Punjab, where the applicant was arrested in some other case along with his co- accused namely Ravi Tej Singh.

4. The investigation of the present case is stated to be complete, as such, according to the applicant, no useful purpose would be served by keeping him in judicial custody.

5. According to the applicant, he had earlier tried his luck by moving similar application, before the Court of learned Special Judge, Kullu, District Kullu, H.P. However, his application was dismissed vide order dated 11.11.2024. Thereafter, the applicant had filed Cr.MP(M) No. 2585 of 2025 before this Court, but, the same was dismissed as withdrawn, vide order dated 07.11.2025.

6. Apart from this, Mr. K.S. Gill, Advocate, appearing for the applicant, has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, ordered to be released on bail, during the pendency of the trial.

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

8. When, put to notice, the police has filed the status report, disclosing therein, that on 29.01.2022, complainant Dine Ram, made a statement to the police under Section 154 Cr.P.C., which was recorded by HC Diwan Chand No. 74, I.O. Police Post Jari, in which, the complainant got recorded that he is resident of the address mentioned therein. They are four brothers and one sister. His younger brother had expired about 10-12 years ago and his wife expired about 14 months ago, from the date, when, he had made the statement under Cr.P.C.

9.1 According to the complainant, he was having two vehicles, one vehicle was registered in the name of his wife and other vehicle i.e. Spark, bearing registration No. HP01K- 2185, was purchased by him about nine months ago, from Pratap Rana of Jiya. Since, the said vehicle developed a technical defect, as such, the same was got parked at an open space on Jari – Manikaran road. He had checked the vehicle 7-8 days prior to the date of making his statement on 16.01.2022. He had kept the keys of the same with him.
9.2 According to the complainant, on 28.01.2022, when, he was sleeping at his house, then, at about 9:00 pm, he heard noise of some blast. Thereafter, his son Vijay informed that the said blast occurred in their vehicle No. HP01K-2185 (Spark). In the blast, vehicle had totally been destroyed. He tried to ascertain the fact that who had committed the said act, however, he could not collect any information. He has expressed his suspicion that someone had caused blast in his vehicle intentionally. As such, he requested the police to take action, upon which, police registered the case under Section 435 of IPC and Section 3 of The Explosive Substance Act, 1908.
9.3 Thereafter, the initial investigation was handed over to In-charge K