IN THE HIGH COURT OF HIMACHAL PRADESH

SHIMLA Cr.MP(M) No.1311 of 2025 Reserved on:- 27.06.2025 Date of Decision: 07.07.2025 Rameshwar Singh …Applicant Versus State of H.P. o …..Respondent Coram:

The Hon’ble Mr. Justice Virender Singh, Judge.

Whether approved for reporting?

For the applicant : Applicant in person with Mr. Sunny Rawat, Advocate.

For the respondents : Mr. Mohinder Zharaick, Mr.

Tejasvi Sharma, Mr. Varun Chandel and Mr. H.S. Rawat, Additional Advocates General with h Mr. Rohit Sharma, Deputy Advocate General, assisted by g ASI Parmod Kumar, PS Jubbal, District Shimla, H.P.

Virender Singh, Judge Applicant-Rameshwar Singh, apprehending his arrest, in case arising out of FIR No.15 of 2025, dated 19.02.2025, registered under Sections 109(1), 115(2), 117(2), 126(2) & 3(5) of the Bharatiya Nyaya Sanhita, (hereinafter referred to as the BNS), with Police Station, Jubbal, District Shimla, H.P., has filed the present application, under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the BNSS).

1 Whether reporters of Local Papers may be allowed to see the judgment?

2. By way of the present application, indulgence of this Court has been sought to direct the IO/Police to release. the applicant on bail, in the event of his arrest, in the above titled case. 3. The applicant has sought the relief, on tHhe ground that he is innocent person and has falsely been implicated in this case. 4. According to the applicant, he has no role to play whatsoever, in the commission of the alleged crime. He has not been named in the FIR and no overt act has been attributed to him. All these facts have been pleaded by the applicant to show that he has falsely been implicated in this case.

5. The investigation in the present case is stated to be completed and the charge-sheet has been filed by the police.

6. The applicant has also tried his luck, by moving two sgimilar applications, before the Court of learned Additional iSessions Judge, Rohru, however, the said applications were dismissed, vide orders dated 03.09.2025 and 09.05.2025.

7. It is the further case of the applicant that his co- accused namely Harsh Kumar and Ajay Kumar have already been released on bail, by this Court, under Section 483 of BNSS, vide order dated 27.05.2025.

8. On the basis of the above facts, Mr. Sunny Rawat, 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, a direction is issued to the IO/Po.lice, under Section 482 of BNSS, to release the him on bail, in the event of his arrest in the above title case. H

9. When, put to notice, the police has filed the status report, disclosing therein, that on 19.02.2025, at about 12.49 AM, in the mid night, HASI Babu Lal, No.377, telephonically informed the police from Check Post Kharapathar that on Giriganga Road, two persons are lying in injured condition and requested to send the IO and other police officials to the spot, upon which, SI/SHO, alongwith ASI Jagdish Chand, in order to verify those facts, had proceeded towards the spot from there. When the police reached at the spot, the injured persons were already taken to Jubbal hgospital for treatment. On the spot, one vehicle/Pickup iNo.HP06B-5631 was found parked. The vehicle was brought to Jubbal and thereafter, ASI Jagdish Chand, got medico-legal examination of injured Joginder Pal and Praveen Kumar conducted from hospital at Jubbal. Their MLCs were obtained and blood samples were got preserved. In Civil Hospital, Jubbal, injured Praveen Kumar made a statement, under Section 173 of the BNSS, disclosing therein, that he is resident of the address, as mentioned in the statement and is a driver by profession. The complainant was working as a driver with Surender Raitka, at Rohru. .

9.1. According to the complainant, on 18.02.2025, one Joginder Pal, who is working with Ajvinder RanaH, Scrap dealer (Kabari) and disclosed him that a day, before 18.02.2025,