IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP(M) No. 529 of 2026 Reserved on: 04.05.2026 Date of Decision: 08.05.2026.

Hem Lata …. Petitioner Versus State of HP …. Respondent Coram Hon’ble Mr Justice Rakesh Kainthla, Judge.

Whether approved for reporting?¹ No.

For the Petitioner : Mr Sanjeev Kumar Suri, Advocate.

For the Respondent/State: Mr Jitender Sharma, Additional Advocate General.

Rakesh Kainthla, Judge H The petitioner has filed the present petition for seeking regular bail in FIR No. 72 of 2025, dated 03.04.2025, registered at Police Station Chamba, District Chamba, H.P., for the commission of an offence punishable under Section 103 of Bharatiya Nyaya Sanhita, 2023 (BNS).

2. It has been asserted that, as per the prosecution, the police received a telephonic information on 03.04.2025 that one

1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

person was lying unconscious in his house at Mugla. The police went to the spot and found the dead body of Kewal Kumar. The informant made a statement to the police that Kewal Kumar (deceased) was her neighbour. He used to reside with his wife, Hem Lata (petitioner), and his son Vinay Kumar. He and the petitioner used to quarrel with each other. The informant was sleeping in her room on 02.04.2025, when she heard the noise of a quarrel at about 11:0u0 PM from the house of the deceased. Since this was a daily ooccurrence, she did not pay any attention to it. The petitioCner left for her work on 03.04.2025. The deceased, Kewal Kumar, called the informant and asked for water. The informant went inside the room and found the deceased lying on the double bed with an injury near his eyes. He was unable to Hhold the glass of water. The informant served him water. She enquired from the deceased about the injuries, and he revealed that the petitioner had beaten him with a stick and pushed him against the wall. The informant telephoned Vinay. The informant’s husband returned at about 2:30 PM, and she narrated the incident to him. The informant’s husband and his cousin Raj Kumar went to the room and found Kewal Kumar lying unconscious. They checked him and found that he was dead. The matter was reported to the police. The police registered the FIR and investigated the matter. The petitioner is innocent and has been falsely implicated. The police have filed a charge sheet before the Court, and no fruitful purpose would be served by detaining the petitioner in custody. The petitioner is a permanent resident of District Chamba and has roots in the society. The petitioner has been in custody since 04.04.2025, and the prosecution has not cuompleted the evidence, which violates the petitioner’s righot to a speedy trial. Hence, it was prayed that the present peCtition be allowed and the petitioner be released on bail. 3. The petition is opposed by filing a status report mentioning that the police received information that one person was lying unconscious in his house at Mugla on 03.04.2025 at 6:58 PM. The police went to the spot where a person was found dead in a room. The petitioner identified him as her husband, and the informant identified him as her brother-in-law. The informant made a statement that Kewal Kumar and the petitioner used to quarrel with each other. The informant was sleeping in her room on 02.04.2025, when she heard a noise from the room of the deceased. This was a routine matter, and she did not pay any attention to it. The petitioner left for her work on

03.04.2025. The deceased, Kewal Kumar, called the informant at about 8:30 AM and asked for water. The informant went inside the room and found that Kewal Ram had sustained injuries. He was unable to hold the glass of water. The informant enquired from Kewal Ram about the injuries, and he revealed that the petitioner had beaten him with the stick and pushed him against the wall. The informant telephoned Vinay and narrated the incident to him. Theu informant’s husband returned at about 2:30/3:00 PM, anod