IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P.(M) No. 1938 of 20P25 Reserved on: 07.08.2025 Decided on: 14.0H8.2025 Rohit Singh ...…. Petitioner Versus State of H.P. …...Respondent Coram The Hon’ble Mr. Justice Rakesh Kainthla, Judge.

Whether approved for reporting?1 No For the PeCtitioner: Mr. Binat Sharma and Mr. Shivam Joshi, Advocates.

Forh the Respondent: Mr. Ajeet Sharma, Deputy Advocate General.

Rakesh Kainthla, Judge H The petitioner has filed the present for petition seeking pre arrest bail in F.I.R. No.90/2025, dated 5.8.2025, registered at Police Station, Tahliwal, District Una, H.P for the commission of offences punishable under Sections 109, 126(2), 115(2), 352, 351(2), and 223 read with Section 3(5) of the of the Bharatiya Nyaya Sanhita (BNS), 2023.

Whether the reporters of the local papers may be allowed to see the Judgment?No

2. It has been asserted that the petitioner holds a Bachelor's degree in Computer Science and Engineering a.nd an M.B.A. He is a final-year student of Law at Himachal Pradesh University. He is a social activist uHnder the handle ‘wearehimachal ' on social media. He addresses issues of public interest like illegal mining, tree cutting, unscientific stone crushing, separatist activities, industrial pollution and corruption. He had also filed a petition before the National Green Tribunal (NGT) regarding the establishment of a drugs park without environmental clearance. The petitioner, Deepak Thakur and his friend Harsh were investigating illegal tree cutting a nd hill razing in village Nagar Khurd, near Tahliwal, on 05.08.2025 at 12:14 P.M. They were attacked by Sumit Sharma and his accomplices. The assailants attacked the petitioner's vehicle, snatched his car keys and threatened him. The assailants also assaulted Deepak Thakur and chased the petitioner and his friend. Sumit Sharma tried to shoot the petitioner and rammed his Thar into the petitioner’s vehicle with the intent to kill him. Sumit Sharma is a partner in a stone crushing operation in the village. Sumit Sharma filed a false F.I.R., alleging that the petitioner, Harsh, and Deepak committed the offences punishable under Sections 109, 126(2), 115(2), 352, 351(2), 223 read with Section 3 (5) of BNS. The petitioner is not involved in the commission of any offence.. The petitioner is a permanent resident of District Una, and there is no likelihood of his absconding. The F.I.R. Hwas lodged with a mala fide intention to stop the petitioner from pursuing the public interest matters. The petitioner would abide by the terms and conditions, which the Court may impose. No recovery is to be effected from the petitioner. Hence, it was prayed that the present petition be allowed and the petitioner be released on pre-arrest bail.

3. The petition is opposed by filing a copy of F.I.R asserting that the informant Sumit Sharma made a complaint to the police that he was going to Tahliwal on 05.08.2025 at 11:30- 12:00 P.M. in his vehicle bearing registration No. HP36E-3747. He found a vehicle parked near Arvind Casting Factory. One person had a remote for the drone. Two people were flying drones. However, there was a ban on flying drones. The informant tried to video record the incident, however, the people packed the drone and quarrelled with the informant. Kailash Chand Rana came to the spot and tried to intervene. Rohit Katwal (petitioner) took out a 'darat' from his vehicle and tried to inflict an injury on the informant’s head. The informant lifted his arm to avoid the injury, and sustained an injury on his arm. Rohit Katwal, Harsh and Deepak quarrelled with. the informant and Kailash Chand. They also damaged the informant’s vehicle. The police registereHd the F.I.R. and conducted the investigation.

4. I have heard Mr. Binato Sharma, learned counsel for the petitioner and Mr. Ajeet Sha rma, learned Deputy Advocate General for the respondentr/State.

5. Mr. Binat Sharma, learned counsel for the petitioner, submitted that the petitioner is innocent