IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MP(M) No. 2702 Pof 2023 Reserved on : 3.11..2023 Decided on : 4.11.2023 Ajay @ Mental o… Applicant Versus State of H.P. t r …Respondent ___________________________________________

Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting?

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For the Applicant : Mr. Vijender Katoch and Mr.

Rakesh Kumar Chaudhary, Advocates.

For the Respondent : Mr. Tejasvi Sharma, Additional Advocate General with Ms. Leena Guleria, Dy.

Advocate General.

Virender Singh, Judge Applicant Ajay @ Mental has filed the present application, under Section 439 of the Code of Criminal Procedure (hereinafter referred to as ‘the Cr. P.C.”) in case FIR No. 237 of 2022, dated 29th August, 2022, registered with Police station Nalagarh, under Sections

307, 186, 120 (B) of the Indian Penal Code (hereinaf.ter referred to as ‘IPC’) and Sections 25-54-59 of the Arms Act, with a prayer that he may be reHleased on bail, during the pendency of trial, in the above-noted case.

2. As per the applicant, he has falsely been implicated, in this case, at the instance of the police.

3 According to him, the investigation, in the present case, is almost complete and the report, under Section 173 (2) Cr.P.C. has been filed in the Court of learned Additional Sessions Judge, Nalagarh. The case is now stated to be listed on 30.11.2023, for consideration on charge.

4. Since, the applicant is in judicial custody, as such, it has been pleaded in the bail application, that no useful purpose would be served by keeping him in the jail.

6. Applicant has tried his luck by moving Bail Application No. 112/NL-22 of 2023, before the learned Additional Sessions Judge, Nalagarh, District Solan, however, the said application was dismissed, vide order, dated 4th May, 2023. .

8. On the grounds, as mentioned in the bail application, Mr. Vijender Katoch anHd Mr. Rakesh Kumar Chaudhary, Advocates, appearing for applicant-Ajay @ Mental have vehemently prayed that during the pendency of the trial, the applicant be released on bail.

9. According to the applicant, investigation in the present case is complete and police has filed report under Section 173(2) Cr. P.C.

10. The another fact, which has been highlighted, is that all the witnesses, cited by the prosecution, in this case, are official witnesses and as such, according to the applicant, he will not be in a position to either influence them or tamper with the prosecution evidence.

11. Apart from this, the learned counsel appearing for the applicant, have given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, released on bail, during the pendency of the trial. .

12. When put to notice, the police has filed the status report, disclosing therein, that oHn 29th August, 2022, when Inspector Shyam Lal was on patrolling duty, then, he received the information regarding the incident of firing in Court Complex, Nalagarh, upon which, he informed the police. In pursuance of the said information, Sub Inspector Chaman Lal, alongwith other police official, reached Court Complex, Nalagarh, where Constable Gopal Singh No. 314, has got recorded his statement, under Section 154 Cr.P.C., disclosing therein that he is working with 6th IRBN Dhaulakuan and temporarily attached with Police Line, Nahan for prisoners security guard duty. On 29th August, 2022, a police party, under the leadership of SI Jaswant Singh, has brought undertrial Ajay @ Sunny, who has been arrested in Case FIR No. 100 of 2021, dated 3rd April, 2021, registered under Sections 147, 148, 149, 326, 201 IPC, with Police Station Nalagarh, as the said undertrial has to be produced before the Court of learned Additional Chief Judic.ial Magistrate, Nalagarh.

12.1. After producing the said uHndertrial in the Court, at about 12 in the noon, when they came out from the Court Complex, then, one person, aged about 20-25 years, who had worn cream colo