IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr. MP(M) Nos.: 2397 of

2025 & connected matters Reserved on : 6.11.2025

Decided on : 14.11.2025

1.Cr. MP(M) No. 2397 of 2025

Lal Deen …Applicant

Versus

State of H.P.

...Respondent

2. Cr. MP(M) No. 2559 of 2025

Noor Mohammad @ Lali

...Applicant

Versus

State of H.P

…Respondents

3. Cr. MP(M) No.2535 of 2025

Abdul Farukh

..Applicant

Versus

State of H.P.

...Respondent

Coram

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

Whether approved for reporting?1

1 Whether Reporters of local papers may be allowed to see the judgment? Yes.

For the Applicants : Ms. Vandana Thakur and Mr.

Virender Chauhan, Advocates, in Cr. MP(M) No. 2397 of 2025, Mr. R.S. Chandel, Advocate, in Cr. MP(M) No.2559 of 2025 and Cr.

MP(M) No. 2535 of 2025 For the respondent : Mr. H.S. Rawat, Additional Advocate General with Ms. Ranjna Patial and Ms. Avni Kochhar Mehta, Deputy Advocates General, assisted by ASI Harish Kumar, Police Station, Pachhad, District Sirmaur, H.P.

Virender Singh, Judge The above titled bail applications are being disposed of by a common order, as applicants have filed the present applications, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) for releasing them, on bail, during the pendency of the trial, arising out of Case FIR No. 47 of 2025, dated 18.7.2025, registered under Sections 331(4), 305, 3(5) of Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the BNS’), registered with Police Station, Pachhad, District Sirmour, H.P.

2. The applicants have pleaded the fact that they are innocent persons and have falsely been implicated, in the present case.

3. According to the applicants, Police could not collect any evidence to connect them with the crime in question.

4. Abdul Farukh (applicant in Cr. MP(M) No. 2535 of 2025) and Noor Mohammad (applicant in Cr. MP(M) No. 2559 of 2025) have tried their luck, by moving bail applications, before the learned Additional Sessions Judge, Sirmaur District at Nahan, H.P., however, the same were dismissed, on 27.9.2025. Applicant Laldeen has also filed similar bail application, before the learned Sessions Judge, Sirmaur, District at Nahan, H.P. however, the same was also dismissed, on 11.9.2025.

5. The applicants, through their counsel, have undertaken to abide by the terms and conditions, to be imposed by this Court, in case, they are ordered to be released on bail, during the pendency of the trial.

6. On these submissions, a prayer has been made to allow the bail applications.

7. When, put to notice, the Police has filed the status report, disclosing therein, that on 18.7.2025, complainant Sanjeev, S/o Om Prakash, telephonically informed the Police that he is running a Jewellery shop, under the name and style of ‘Ratra Jewellers’, at Naina Tikker, and the locks of his shop were broken by someone, in the intervening night of

17.7.2025/18.7.2025.

7.1 On the said information, H.C. Biram Pal No. 498, alongwith other police officials, reached at the spot, where, complainant moved the complaint, disclosing therein, that on 17.7.2025, at about 9:00 p.m., he closed down his shop, and on 18.7.2025, at about 6:25 a.m., his neighbor Aditya telephonically informed him that shutter of his shop has been partially opened, and inquired him as to whether he has opened the same, upon which, he replied in the negative, and reached at the spot.

7.2 On the spot, he noticed that some unknown person has broken the locks of his shop and shutter was opened. Both the locks were not there on the shutter. Lock over the toughened glass partition was also found broken. In the shop, one Genti (pickaxe) without handle was found. When, the complainant entered the shop, he found that about 50 grams gold and 5 kg silver was stolen. When, he checked the CCTV footage cameras installed there, he found that on 18.7.2025, at about 3:40 a.m., two persons were committing theft in his shop. Later on, he came to know about the fact that in the adjoining general store also, owned by one Nirma