IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
CRMPM/2983/2025
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. MP(M)s No.: 2983, 2999
and 3001 of 2025
Reserved on : 1.1.2026
Decided on : 5.1.2026
1. Cr. M.P. (M) No. 2983 of 2025
Rahul Chauhan
..Applicant
Versus
State of H.P. ..Respondent
2. Cr. M.P.(M) No. 2999 of 2025
Vikas Bharti ...Applicant
Versus
State of H.P. ...Respondent
3. Cr.M.P.(M) No. 3001 of 2025
Vikrant Chauhan ...Applicant
Versus
State of H.P. …Respondent
Coram The Hon’ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1 For the Applicant(s) : Mr. N.S. Chandel and Mr. Ajay Kochhar, Senior Advocates, assisted by Mr. K.S. Gill and Ms.Pritika Thakur, Advocates.
For the respondent : Mr. Tejasvi Sharma, Mr.
Mohinder Zharaick, Additional Advocates General, assisted by ASI Devender Kumar, Police Station, Sadar Chamba, H.P.
Virender Singh, Judge The above titled bail applications are being disposed of by a common order, as the 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 FIR No. 63 of 2025, dated 26.6.2025, registered under Sections 103(1) and 3(5) of Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the BNS’), registered with Police Station, Tissa, District Chamba, H.P.
1 Whether Reporters of local papers may be allowed to see the judgment? Yes.
2. The applicants have pleaded the fact that they are innocent persons and have falsely been implicated, in the present case. In the present case, the applicants were arrested on 27.6.2025 and they remained in police custody and presently, they are in judicial custody.
3. According to the applicants, investigation, in the present case, is completed and Police could not collect any evidence, connecting them, with the crime in question.
4. As per the further case of the applicants, during investigation, scene of occurrence was visited by the Assistant Director of District Forensic Unit, Nurpur and submitted the report, according to which, possibility of fall from the crash barrier located near Hotel Shaan cannot be ruled out.
5. Apart from this, the applicants have further pleaded that ethyl alcohol found in the body of the deceased was 339.06 mg%. From the said fact, it has been argued that the possibility of fall of deceased under the influence of liquor can also not be ruled out. 6. Applicants Vikrant Chauhan, Vikas Bharti and Rahul Chauhan have earlier tried their luck by moving applications before the learned Additional Sessions Judge, Chamba, District Chamba, H.P., which were dismissed on 28.7.2025, 25.9.2025 and
1.11.2025, respectively.
7. Thereafter, applicants Vikrant Chauhan and Vikas Bharti have approached this Court by moving Cr. MP(M)s No. 2419 of 2025 and 2440 of 2025, however, the same have been dismissed, as withdrawn, vide orders dated 11.11.2025.
8. The applicants, through their counsel, have given certain undertakings, for which, they are ready to abide by, in case, ordered to be released on bail, during the pendency of the trial.
9. On the basis of above facts, a prayer has been made by the applicants to release them on bail, during the pendency of the trial.
10. When, put to notice, the Police has filed the status report, disclosing therein, that on 26.6.2025, at about 8:32 a.m., HC Suresh Kumar , I.O., Police Post Nakrod has telephonically informed the police of Police Station, Tissa that a dead body is found lying at Sarela and requested the Police to reach there, upon which, ASI Pradeep Singh, alongwith other police officials, reached at the spot. When, they reached at the spot, H.C. Suresh Kumar, was already present there. Thereafter, the factual position on the spot was verified and the photographs were clicked and dead body was taken into possession.
10.1. On the spot, complainant Deep made a statement, disclosing therein, that he is working as Salesman in the liquor vend at Chilli. Naveen Kumar, S/o Sudesh Kumar is his brother-in-law, in relation a
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