dated 13.5.2025, passed by the learned Sessions Judge, Shimla, District Shimla, H.P., (hereinafter referred to as ‘the Appellate Court’), in Cr. Appeal No.

17-S/10 of 2025.

2. Vide order dated 13.5.2025, the learned Appellate Court has dismissed the appeal, which has been preferred against the order dated 28.11.2024, passed by the Juvenile Justice Board, Shimla, H.P. (hereinafter referrued to as ‘the JJB’), has dismissed the bail applicatioon, filed under Section 12 of the Act.

3. CBrief facts leading to filing of the present petition, as per the record, are as under:

Police of Police Station, Kotkhai had filed a report under Section 173 (2) Cr. P.C., against the CCL Hon the ground that on 3.5.2024, complainant Sandeep Sawant made a complaint under Section 154 Cr. P.C., disclosing therein, that he is resident of village Jaltar, P.O. Chalner, Tehsil Kotkhai, District Shimla. He is having an orchard, consisting of 600-700 apple plants. In order to look after the said orchard, he has engaged two Nepalese, Dev, S/o Etaben Bahadur, alongwith his wife and children is residing below his house in temporary shed and Lokesh Dhami, alongwith his family, is residing in a temporary shed, situated above his house. On 2.5.2024, wife of Lokesh Dhami disclosed that her husband had not returned to house, upon which, Lokesh was searched for.

3.1 During search, it was found that on 1.5.2024, during evening, uLokesh alongwith his companions Ganga Ramo, Chunu Sharma, CCL and Dev, was consumCing liquor together at a tank near Nihari nallah. The CCL is stated to have returned back to his house and after some time, Ganga Ram, Chunu etc. also stated to have left the place. Lokesh had talked to Hhis wife at about 8:30 p.m. Despite the search, Lokesh was not found. Police has also searched for him. The complainant inquired at his own level from Dev, as he and Lokesh were together, but he could not give any satisfactory answer. As such, the complainant has expressed his suspicion that Dev has killed Lokesh and hidden his body.

3.2 On the basis of above facts, the complainant has prayed that action be taken against Dev, upon which, Police registered FIR under Section 364 of the IPC and criminal machinery swung into motion.

3.3 On 3.5.2024, complainant Sandeep Sawant lodged the missing report of Lokesh Dhami and accused Deval Buudha was searched for. However, he was not fouond at his house. During search, it was found tChat he was in Kotkhai market, from where, he was arrested.

3.4 During investigation, he has deposed that on 1.5.2024, he alongwith one Lokesh and one other Hperson, (whose name he does not know) had consumed liquor near IPH water tank. Thereafter, his companion, the CCL had gone to bring liquor to them. After taking liquor, Ganga Ram and other Nepali national went to their respective sheds. Thereafter, CCL also returned to his house. He has also deposed that Lokesh abused the CCL, upon which, accused and CCL caught hold of Lokesh from his neck and killed him. Thereafter, accused and CCL buried the dead body of Lokesh under the stones and the said area was covered with the pieces of woods, upon which, the Police registered the case under Sections 302, 201 and 34 IPC and Section 364 of the IPC was deleted. Accused Deval Budha was arrested at about

8:30 p.m. u

3.5 Durinog investigation, accused Deval Budha has disCclosed the place, where, he has hidden the dead body, in pursuance of his statement, under Section 27 of the Indian Evidence Act. His dead body was identified by deceased Lokesh’s cousin Lachhi Dhami.

HThe dead body was, thereafter, sent to IGMC, for post mortem examination, where, the Doctor opined that the deceased died due to manual strangulation, leading to asphyxia. Thereafter, the team of SFSL visited the spot and physical evidence from there was also taken into possession.

3.6 On 5.5.2024, accused Deval Budha disclosed that deceased Lokesh, who was residing in adjoining temporary shed, used to keep an evil eye on his daughter, as such,