Rakesh Kainthla, Judge

Since both the petitions have been filed for seeking regular bail in the same F.I.R, therefore, they are being taken up together for disposal.

2. The petitioners have filed the present petitions for seeking regular bail in F.I.R. No. 64 of 2026, dated 04.03.2026, registered at Police Station Ghumarwin, District Bilaspur, H.P., for the commission of offences punishable under Sections 109, 191(2), 191(3), 190, and 115 (2) of Bhartiya Nyaya Sanhita (BNS),2023.

3. It has been asserted that the petitioners- Sunny Chandel and Ashish Kumar alias Nonu were arrested, on 04.03.2026 and 10.03.2026, respectively, in F.I.R. No. 64 of 2026, dated 04.03.2026. As per the prosecution, the informant Ravi Paul Singh was going to the village Kasohal on 04.03.2026. He saw Naveen alias Monu, his brother Nonu, Sunny, Sukant Chauhan and his brother Jattu quarrelling with each other. The informant stopped his vehicle and asked the people not to quarrel. They misbehaved with the informant. They caught the informant in the shop of Bablu and gave him beatings with a Gandasa (pole-axe), a sword and sticks. The police registered the F.I.R and investigated the matter. The petitioners are innocent, and they have nothing to do with the commission of the crime. The petitioners are in judicial custody, which shows that their custody is not required by the police. No fruitful purpose would be served by detaining the petitioners in custody. Hence, it was prayed that the present petitions be allowed and the petitioners be released on bail.

4. The petitions are opposed by filing a status report asserting that Naveen @ Monu, his brother Nonu, Sammi, Sukant Chauhan (the present petitioner) and his brother Jattu were quarrelling with each other on Kasohal bridge on 04.03.2026. The informant asked them not to quarrel. The informant had gone to the shop to purchase groceries on the same day at 7 PM. Naveen, Monu, Nonu, Sunny, Sukant, Jattu and 15 other persons came to the shop armed with Gandasa (pole-axe), sword and sticks. Naveen had a Gandasa (pole-axe), and Sukant had a sword. The other people had sticks. Naveen inflicted a blow on the informant’s head with a Gandasa, and the other persons also inflicted injuries with swords, sticks, kicks and fists.

5. I have heard Mr Tara Singh Chauhan, learned Senior Advocate, assisted by Mr Surya Chauhan, learned counsel for the petitioner, in Cr.MP(M) No.644/2026, Mr Ashwani Kaundal, learned counsel for the petitioner, in Cr.MP(M) No.594/2026 and Mr Lokender Kutlehria, learned Additional Advocate General, for the respondent/State.

6. Mr Tara Singh Chauhan, learned Senior Advocate for the petitioner, Sunny Chandel, submitted that the petitioner is innocent and has been falsely implicated. Learned Sessions Judge, Bilaspur, H.P. has released the main accused, Naveen Kumar, on bail. The petitioner is entitled to bail on the principle of parity. Hence, he prayed that the petitioner, Sunny Chandel, be released on bail.

7. Mr Ashwani Kaundal, learned counsel for the petitioner Ashish Kumar alias (Nonu), adopted the submissions advanced by Mr Tara Singh Chauhan, learned Senior Advocate, and prayed that the petitioner, Ashish Kumar, be released on bail.

8. Mr Lokender Kutlehria, learned Additional Advocate General for the respondent-State in both the petitions submitted that the petitioners are involved in the commission of a heinous crime. Learned Sessions Judge released the co-accused Naveen Kumar because there is no explanation for the injuries sustained by him. The role of the petitioners is different from the role of co-accused Naveen Kumar, and they cannot claim any parity. Hence, he prayed that the present petitions be dismissed.

9. I have given a considerable thought to the submissions made at the bar and have gone through the records carefully.

10. The parameters for granting bail were considered by the Hon’ble Supreme Court in Pinki v. State of U.P., (2025) 7 SCC 314: 2025 SCC OnLine SC 781, wherein it w