IN THE HIGH COURT OF HIMACHAL PRADESH AT

SHIMLA

Cr. MP(M) Nos. 2247 and 2248 of 2025

Reserved on : 06.11.2025 Decided on : 14..11.2025 1. Cr.MP(M) No. 2247 of 2025

Richa Sharma

…Applicant

Versus

State of H.P.

…Respondent

2. Cr.MP(M) No.2u248 of 2025

Dharmender Sharma

..Applicant

Versus

State of H.P.

...Respondent

____________________________________________________

gCoram

Hon’ble Mr. Justice Virender Singh, Judge

iWhether approved for reporting?

H ____________________________________________________

For the Applicants : Mr. Vishal Singh Thakur,

Advocate.

For the Respondent : Mr. H.S. Rawat, Addl. A.G.

with Mr. Rohit Sharma and Ms. Ranjna Patial, Dy. A.G., for respondents No. 1 and 2. Ms. Anita Dogra, Legal Aid

Counsel, for respondent 3.

Virender Singh, Judge This order of mine shall dispose of botPh the above titled bail applications, which have been .filed by the applicants, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (hereinaffter referred to as ‘the BNSS’), in case FIR No. 111/2025, dated 25.7.2025, registered undetr Sections 126(2), 115(2), 238 and 3(5) of Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the BNS’) and Sections 3(1)(r) and 3(1) (s) of Scheduled Castes and Scheduled Tribes Act (hereinafter referred to as ‘the SC & ST Act’), with Police Station, Dhalli, District Shimla, H.P., by surrendering themselves to the custody of the Court, on 10.9.2025.

2. By surrendering themselves to the custody of the Court, they have sought their release on bail, in the aforesaid FIR.

3. According to the applicants, they are innocent persons, and have falsely been implicated, in the present case.

4. As per the applicants, they are residents of Ashiana-II, Dhalli, Shimla, H.P., a housing project, which has been developed for allotment of the families, falling in Basic Service to Urban Poor Scheme. A flat was also allotted to the complainant party. Thereafter, uapplicant Dharmender Sharma is stated to have oapplied under the Right to Information Act, 20C05, seeking information regarding the employment of complainant Santosh and her son Rahul, upon which, information has been supplied that Santosh Kumari is appointed as Peon in erstwhile HH.P. State Social Welfare Board, on part-time basis, from 5.7.1993, and became Peon on daily wages on 27.7.2004, and then, regularized as Peon, on 10.12.2013, and drawing salary in the pay-scale of Rs.

4900-10680+1400.

5. It has further been pleaded that Rahul is also stated to be working as Class-IV, on daily wages, earning a sum of Rs. 19,100/- per month.

6. As per the further case of the applicants, applicant Richa Sharma, filed a complaint before the Municipal Corporation, Shimla to take appropriate action, with respect to the allotment of house, under BSUP scheme in favour of the complainant party, on the basis of said inuformation, upon which, Municipal Corporation, Sohimla had taken action against the complainCant, and issued notice for cancellation of the allotment of the house to the complainant, under the BSUP scheme. Due to this fact, complainant Santosh, alongwith her son Rahul and three daughters, namely HAnita, Meenakshi and Nisha and her son in law Amritpal Oberai came out of their house and started hurling abuses to the applicants. When, the applicants and other family members came out to inquire, as to why they are hurling abuses, they saw the complainant party with hockey and sticks, in their hands. Daughter of applicant Dharmender Sharma clicked photographs of the complainant party, having sticks in their hands.

7. It is the further case of the applicants that complainant and her family members started beating applicant Dharmender Sharma, his wife and his elder daughter, with sticks, hockeys, kicks and fist blows. Due to the sudden attack, upon applicant Dharmender Sharmua and his family members, they sustained injuories and applicants lodged FIR against the compClainant party.

8. As such, FIR No. 112, dated 25.7.2025 is stated to have been lodged by the applicants against the complainant-par