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2026:HHC:17056

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr.MP(M) No.473 of 2026

Decided on: 14.05.2026

Surender Singh … Petitioner

Versus H

State of Himachal Pradesh … Respondent

Coram

Hon’ble Mr. Justice Ajay Mohan Goel, Judge.

Whether approved for reporting?1

____________________________________________________ _

For the petitioner: Mr. Sative Chauhan, Advocate.

For the respondent: Mr. Pushpinder Jaswal, Additional Advocate

General.

Ajay Mohan Goel, Judge (Oral)

By way of this petition, the petitioner has prayed for

grant of regulCar bail in FIR No.101 of 2021, dated 04.04.2021,

registered under Section 302 of the Indian Penal Code, at Police

Station Nalagarh, District Solan, Himachal Pradesh.

2g. Learned counsel for the petitioner has submitted that

ithe petitioner is not guilty of the offence alleged against him and he

has been falsely implicated in the case, as a result whereof, he is

languishing in custody for the last more than five years. Learned

Counsel further submitted that the petitioner was taken in custody

on 04.04.2021 and since then, he has remained in such custody,

earlier in police custody and now in judicial custody. Learned

Counsel also submitted that the prosecution, in all, has cited 50

witnesses (39 witnesses in the main Challan and 11 witnesses in the

Supplementary Challan). Out of these 50 witnesses, 19 stand

1 Whether reporters of the local papers may be allowed to see the judgment?

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2026:HHC:17056

examined and now for recording the statements of some of the

remaining witnesses, dates have been fixed for 15.09.2026 oPnwards.

He thus, submitted that as there is no likelihood of the trial being

completed within some reasonable time and further, as the

petitioner has already been in custody for more than 5 years,

interest of justice demands that he be released on bail. Learned

Counsel also submitted that the petitioner is not a habitual offender

and besides this FIR, there is nto other FIR registered against him.

Learned Counsel further submitted that in the event of bail being

granted to the petitioner, he shall abide by all the terms and

conditions which this Court may be pleased to impose upon him.

3. On the other hand, learned Additional Advocate General

argued that as the offence alleged to have been committed by the

petitioner is both grave and henious, therefore, he is not entitled for

any bail. He submitted that earlier applications filed by the

H petitioner also stand rejected on merit. He further submitted that if

released on bail, there is a possibility that the petitioner may try to

influence, threaten, or win over the remaining witnesses. Therefore,

as the allegation against the petitioner is a grave one of killing his

wife, the present petition be dismissed.

4. I have heard learned Counsel for the petitioner as also

learned Additional Advocate General and have also gone through the

petition as well as documents appended therewith and the latest

Status Report filed by the State.

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5. The allegation against the petitioner is that he caused

the death of his wife intentionally by driving the vehicle, inP which

they were seated, down the hill purposely with the intent of doing

away with the life of his wife. The FIR is dated 04.04.2021 and the

petitioner is in custody since 04.04.2021.

6. Whether or not the petitioner is guilty of the offence

alleged against him, of course, is a matter of trial. It is also a matter

of record that earlier bail petitiotns filed by the petitioner have been

dismissed by this Court as also by the Court of learned Sessions

Judge on merit. However, this Court cannot ignore the fact that the

petitioner as from the date of lodging of the FIR has been in custody

for more than 5 years.

7. Hon’ble Supreme Court of India in Sahil Manoj Machare

Versus The State of Maharashtra, Special Leave to Appeal (Cri.)

No.7502 of 2026, decided on 17.03.2026, was pleased to order the

H release of the petitioner therei