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2026 Supreme(Online)(HP) 2448

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA


2026:HHC:17931


Cr. MP(M) No. 532 of 2026


Reserved on: 12.05.2026

Date of Decision: 18.05.2026.


Akash Kumar Kochhar …. 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 : Mr Jitender K. Sharma, Additional Advocate General


Rakesh Kainthla, Judge

Petitioner Advocates:Sanjeev Kumar Suri ,Respondent Advocate: AG AG

The petitioner has filed the present petition seeking regular bail in FIR No.245 of 2025, dated 27.07.2025, registered at Police Station Sadar Una, District Una, H.P. for the commission of offences punishable under Sections 61(2), 103, 111, 238, 249, 304(2), and 336(2) read with Section 3(5), Bharatiya Nyaya Sanhita (BNS), 2023 and Sections 25 and 27 of Arms Act.

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

2. It was asserted that, as per the prosecution, Rakesh Kumar @ Gaggi had developed an enmity with a criminal gang led by Rajiv Kaushal, Sonu Kumar alias Monu Gujjar and Lovepreet @ Laddi. This gang was involved in organised crime, extortion and violent offences. Accused Rajeev Kaushal coordinated a conspiracy to eliminate the deceased through Internet-based encrypted applications. Accused Vipan and Abhinandan were chosen as shooters. The petitioner, Akash Kumar Kochhar, provided shelter to the accused Vipan at Kharar by arranging a rented room. He also procured and supplied the mobile phones and fake SIM cards to the shooters to conceal their identity. These allegations are false. The police have failed to collect any material against the petitioner to connect him to the commission of the crime. The police have completed the investigation, and the petitioner’s custody is not required. The petitioner is aged twenty-three years and belongs to a poor family. The continued detention of the petitioner would adversely affect his studies. The petitioner would abide by the terms and conditions that the Court may impose. Hence, it was prayed that the present petition be allowed and the petitioner be released on bail.

3. The petition is opposed by filing a status report asserting that the police were informed about a shootout at Jhalera on 27.07.2025 at about 2:20 p.m. The police visited the spot and found that Rakesh Kumar alias Gaggi was shot in Divine Saloon, and he was taken to the hospital. The informant Surinder Kumar stated that he was running the shop. Seven or eight boys entered the shop and started combing their hair. Two boys came on a motorcycle, entered the shop and shot at one of the boys who was combing his hair. The boy fell, and the assailant sped away towards Jhalera. The police registered the F.I.R. and recovered fired bullets, live and blank cartridges from the spot. The police checked the CCTV footage and recovered a motorcycle without any registration plates. The engine and chassis numbers of the motorcycle were also scratched. Two helmets were found at some distance. The police seized all these articles. The injured was identified as Rakesh Kumar alias Gaggi. The injured succumbed to his injuries, and as per the report of post-mortem examination, the cause of death was haemorrhagic shock due to rifled firearm injuries, which were sufficient in the ordinary course of nature to cause death. The police found during the investigation that Rajeev Kaushal, alias Guggu, used to demand ransom, and Rakesh Kumar, alias Gaggi (since deceased), objected to it. Two F.I.Rs. were registered against Rajiv Kaushal alias Guggu. The police checked the email ID and found that it was verified with phone numbers xxxxxxx289. The police checked the call detail record and found that Rajeev Kaushal, alias Guggu, was inside the jail but was in touch with other persons through Internet-based applications. The police arrested him. Rajeev Kaushal revealed during the interrogation that he was in touch with Vipan Kumar. The police arrested Vipan Kumar. Vipan Kumar showed the room, which was made available by Akash Kumar Kochhar, the petitioner, to him. Vipan Kumar also got recovered the registration plates thrown by him. Anil Kumar identified Vipan Kumar as the shooter. Vipan Kumar said that the weapon of offence was seized by the Punjab police. The police recovered the weapon from the Kharar police. The petitioner had made the phones available to the shooters. The petitioner was also in touch with Rajeev Kaus

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