IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

Cr. MP(M) No. 2925 of 2025

Reserved on : 29.12.2025

Decided on : 01.01.2026

Pankaj Singh …Applicant

Versus

State of Himachal Pradesh …Respondent

Coram

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

Whether approved for reporting?

For the applicant : Mr. Udit Shaurya Kaushik, Advocate. For the respondent : Mr. Mohinder Zharaick, Additional

Advcate General, with Ms. Avni Kochhar Mehta, Deputy Advocate General, assisted by ASI Gopal Singh, Police Station Balh, District Mandi,

H.P.

Virender Singh, Judge

Applicant-Pankaj Singh has filed the present

application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for releasing him, on bail, during the pendency of the trial, arising out of FIR No. 248/2024, dated 13.12.2024, registered under Sections 103(1), 3(5) & 238 of Bharatiya

Nyaya Sanhita, 2023 (hereinafter referred to as the BNS), with Police Station Balh, District Mandi, H.P.

2. According to the applicant, he is innocent person and falsely been implicated, in the present case, at the instance of some interested person.

3. The applicant has further pleaded that he has no concern whatsoever, with the crime, nor the police could collect any evidence connecting him with the crime in question. The investigation of the case is stated to be completed, as the police has filed the charge-sheet, in the present case.

4. The applicant has earlier tried his luck by filing Cr. MP(M) No. 2480 of 2025, before this Court, which was dismissed as withdrawn, vide order dated 14.10.2025. Thereafter, he has approached the Court of learned Additional Sessions Judge, Mandi, H.P., however, his application was dismissed vide order dated 22.11.2025.

5. The applicant has also pleaded that apart from the present case, another criminal case arising out of FIR No. 37 of 2023, dated 29.05.2023, under Sections 379 & 34 of IPC, registered with Police Station Kullu, is pending against him.

6. Apart from this, the applicant has given certain undertakings, for which, he is ready to abide by, in case, ordered to be released on bail, during the pendency of the trial.

7. On the basis of above facts, Mr. Udit Shaurya Kaushik Advocate, appearing for the applicant, has prayed that the bail application be allowed.

8. When, put to notice, the police has filed the status report, disclosing therein, that on 13.12.2024, complainant Rohit Thakur, made a statement under Section 173 of BNSS, before SI/SHO Karan Singh, Police Station Balh, disclosing therein, that he is a labourer by profession. They are two brothers and two sisters. Their mother had expired. His brother Vijay Kumar and his father reside in the village. His father had gone to reside with his sister Champa Devi, in Village Sadyana, a month prior to the date, when he made the statement under Section 173 BNSS.

8.1 His brother Vijay Kumar is labourer by profession. However, he was addicted of consuming liquor. Vijay Kumar has not returned to his home for two days. On 12.12.2024, at about 6:00 pm, Ward Member Anil Kumar, told the complainant that at place known as Khyuri Doom Magzine, in a room, one dead body is lying. According to Ward Member, the said body seems to be of his brother Vijay Kumar, upon which, complainant, along with Anil Kumar, reached at Khyuri Doom Magzine and found that in the Magzine room, his younger brother Vijay Kumar is lying. His body was soiled with blood and he was lying there in semi-naked condition. Shirt was not on his body and injuries were there on his head and body. Lot of blood was also there. He expressed his opinion that someone had killed his brother, as such, he prayed that action, as per law, be taken, upon which, police machinery swung into motion.

8.2 The team from RFSL was requested to visit the spot. On the basis of the statement, case under Section 103 of BNS was registered, against some unknown person.

Thereafter, investigation was carried out by SI Karan Singh.

8.3 On 12.12.2024, he has visited t