Amit Kumar Vs State of Hp

1 ( 2025:HHC:34400 )

IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

Cr.MP(M) No.2361 of 2025 Reserved On: 08.10.2025 Date of Decision:-10.10.2025 Amit Kumar …Applicant Versus State of H.P. …..Respondent

¶4

Coram:

¶5

The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?¹ For the Applicant : Mr. K.S. Gill, Advocate. For the Respondent : Mr. Tejasvi Sharma, Mr. Varun Chandel, Mr. H.S. Rawat, Mr. Mohinder Zharaick, Additional Advocates General with Mr. Rohit Sharma, Deputy Advocate General, assisted by Inspector Prakash Chand, Police Station CID Bharari, Shimla.

¶6

Virender Singh, Judge

¶7

By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), applicant-Amit Kumar has sought his release, on bail, during the pendency of the trial, arising out of FIR No.1 of 2025, dated 01.01.2025, registered under Sections 103(1), 3(5), 115(2)

¶8

& 117 of Bharatiya Nyaya Sanhita (hereinafter referred to

¶9

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

¶10

2 ( 2025:HHC:34400 )

¶11

as ‘BNS’), with Police Station, Dalhousie, District Chamba, H.P.

¶12

According to the applicant, he is innocent person and has been made a scapegoat, in the present case, or neither, his name figures as aggressor nor, as an accompanist for the commission of the alleged crime.

¶13

It is the case of the applicant that in the investigation nothing incriminating has come against him.

¶14

As per the applicant, till date, almost all the relevant witnesses have been examined and none of the witnesses had deposed against him.

¶15

According to the applicant, he had earlier tried his luck by moving similar bail application, before the Court of learned Sessions Judge, Chamba, District Chamba, Himachal Pradesh. However, the same was dismissed vide order dated 12.08.2025.

¶16

As per the stand of the applicant, the applicant is in judicial custody and custodial interrogation of the applicant is no longer required by the Police.

¶17

3 ( 2025:HHC:34400 )

¶18

It is also the case of the applicant that no useful purpose would be served, by keeping him in the judicial custody, that too, for the indefinite period.

¶19

The learned counsel for the applicant, has given certain undertakings on behalf of the applicant, for which, the applicant is ready to abide by, in case, he is ordered to be released on bail.

¶20

On the basis of the above facts, a prayer has been made to allow the bail application.

¶21

When, put to notice, the police has filed the status report, disclosing therein, that on 01.01.2025, Constable Vijay Kumar, who was posted as driver with the Dy.SP, telephonically informed Police Station Dalhousie, about the fact, that near Hotel Nature Valley, Banikhet, two

¶22

persons, were lying injured and number of persons had gathered there. The said persons allegedly sustained injuries in a scuffle. As per the informant, the injured have been taken to Bekunth Bathri Hospital, upon which, ASI Vivek Sharma, along with other police officials, reached at Hotel Nature Valley near Banikhet, where, on the spot, the then, Dy.SP Shri Hemant Thakur, along with other police

¶23

4 ( 2025:HHC:34400 )

¶24

officials, Inspector SHO Jagveer Singh was also present. Thereafter, on inquiry, employee of the Hotel, Subhash Kumar S/o Prakash Chand, made a statement to the ASI Vivek Sharma, disclosing therein, that he is resident of village Kandi, P/o Dalhei, Tehsil Salooni. From the last three years, he is working as Senior Steward in Hotel Nature Valley, Banikhet.

¶25

10.1. On 31.12.2024, a dance and dine event was organized for the guests in Hotel Nature Valley, on the occasion of new year. The arrangement of the function was made in the Banquet Hall of ground floor of the Hotel. On 31.12.2024, the party had started at 9:30 PM. The guests were dancing on the music at about 11:00 PM and the guests had returned back to their rooms, after having their dinner. On the same day i.e. 31.12.2024, General Manager of Hotel Nature Valley, Rajinder Malhotra also apprised the complainant, orally that few staff members will also join the party and requested the complainant to receive them.

¶26

10.2. It is the further case of the police that when, the guests have gone back to their rooms, then, the complainant and other staff members had started dancing on the music.

¶27

5 ( 2025:HHC:34400 )

¶28

At about 1:00 AM (midnight), on 01.01.2025, one police official, Amit Kumar (applicant), who was known to the complainant called him, on his mobile phone. At the instance of applicant-Amit Kumar, complainant had received him, on the reception of the Hotel. Two other police officials, were also accompanying Amit Kumar (applicant), however, they had worn civil jackets, upon which, complainant took them to the Banquet Hall. In the Banquet Hall, Amit Kumar (applicant) and his companion, Anoop Kumar had also started dancing and other police official remain seated on chairs. On the request of the complainant, the other police officials had also danced. During dance, according to him, no scuffle or oral altercation took place between Hotel staff and police official, thereafter, complainant took Amit Kumar (applicant) and his companion to reception.

¶29

10.3. During that period, Amit Kumar (applicant) apprised him that Anoop had not come yet, upon which, complainant Amit, again came back to Banquet Hall and noticed that said Anoop is present in Banquet Hall and he was having a scuffle with Sachin Kumar in front of lift, upon

¶30

6 ( 2025:HHC:34400 )

¶31

which, complainant, General Manager of the Hotel Rajinder Kumar and other police official, Amit had intervened them. 10.4. Thereafter, General Manager, Rajinder Malhotra and Amit Kumar (applicant) took Anoop Kumar, though passage leading to parking and complainant stayed at the parking. When, Amit Kumar (applicant), General Manager Rajinder Malhotra and Anoop were on their way to go outside the Banquet Hall, meanwhile, Sachin came from Banquet Hall side and proceeded towards the direction, where, General Manager Rajinder Malhotra and Anoop had gone. Thereafter, the complainant heard the noise of falling something and he noticed that Sachin, General Manager, Rajinder Malohota and Anoop had fallen from retaining wall. General Manager Rajinder Malhotra and Sachin sustained injuries on their head and mouth and other Hotel employees also came there and took Rajinder Malhotra and Sachin in different vehicles to Ashirvad Hospital, Bekunth Nagar and thereafter, were taken to Civil Hospital, Bathari, where, Medical Officer had declared General Manager Rajinder Malhotra, as dead and Sachin was taken to Pathankot Hospital from Ashirvad Hospital for further treatment.

¶32

7 ( 2025:HHC:34400 )

¶33

10.5. Lastly, he has stated that due to this incident, General Manager Rajinder Malhotra has died and Sachin sustained injuries. According to him, Anoop and Amit Kumar (applicant) had killed Rajinder Malhotra and caused injuries to Sachin.

¶34

10.6. On the basis of the above facts, he has prayed that action be taken against Amit Kumar (applicant) and accused Anoop, upon which, the police has registered the FIR in question. Thereafter, the investigation was entrusted to Assistant Sub Inspector, Vivek Sharma. On 01.01.2025, a request was made to Medical Officer Civil Hospital, Dalhousie, to conduct the postmortem examination of the dead body of Rajinder Kumar, however, due to the nonavailability of forensic expert, the matter was referred to Chamba Medical College, for postmortem examination. The MLC of Sachin Thakur from Raj Hospital Pathankot was obtained. Injured police official Anoop was also taken to Civil Hospital Dalhousie, where, he was medico legally examined and was sent for further treatment, to Medical College, Chamba.

¶35

8 ( 2025:HHC:34400 )

¶36

10.7. On 01.01.2025, number of persons gathered at Nature Valley Hotel, as such, situation become tense. Thereafter the members of DFU Unit, Nurpur, District Kangra also visited the spot and on the demarcation of complainant Subhash Kumar, photography and videography of the spot was done. During inspection, blood was also noticed in the flower bed and a shoe, a mobile, one lighter and key of the vehicle along with the keyring, were taken into possession. Other physical evidence, was also collected from the spot. On 02.01.2025, the postmortem examination of dead body was conducted in Medical College and Hospital, Chamba.

¶37

10.8. On 02.01.2025, Amit Kumar (applicant) appeared before the police, who has disclosed that on 30.12.2024, he came from Police Station, Tissa to new year duty at Police Station Dalhousie. On 01.01.2025, for the new year party, he along with three other police officials HC Virender Kumar, C. Anoop Kumar, HHC Jamshed Beg, were returning back in the vehicle of HC Virender Kumar, when reached near Nature Valley Hotel, Banikhet, then, he had gone to Nature Valley Hotel, as his known Subhash Kumar was working

¶38

9 ( 2025:HHC:34400 )

¶39

there, as a Waiter. After sometime, the hotel employee Subhash Kumar, took all the police officials, inside the Hotel. Thereafter, HC Virender Kumar, HHC Jamshed Beg came back to their vehicle, however, Anoop did not come back. Upon which, Amit Kumar (applicant) along with Subhash Kumar again went inside to bring back Anoop, where, Anoop has disclosed him that the hotel employees had beaten him and also abused him and torn his jacket. Upon this, Amit Kumar (applicant) also inquired from Hotel employees and Manager Rajinder Kumar and Sachin.

¶40

10.9. During that period, Anoop had an altercation and quarrel with Sachin, whereas, Rajinder Malhotra, was trying to intervene. When, they were coming out from the hotel through ramp of the parking, then, again Anoop and Sachin quarrelled with each other. Hotel Manager Rajinder Kumar and Sachin and Anoop intervened in order to prevent them from quarreling. In the entire process, all the three had fallen from the retaining wall. Thereafter, Amit and Anoop left the spot.

¶41

10.10. On 02.01.2025, medico legal examination of Amit Kumar (applicant) was got conducted from Civil Hospital,

¶42

10 ( 2025:HHC:34400 )

¶43

Dalhousie. His blood and urine samples were preserved. The CCTV footage of Hotel Nature Valley was perused. It has been found that whatsoever, disclosed by accused is different from the CCTV footage. The accused was found to be present at the spot. As per the statement of complainant Subhash Chand, recorded under Section 173 of BNSS, accused Anoop Kumar and Amit Kumar (applicant) had a scuffle and altercation with General Manager Rajinder Malhotra and Sachin and as per Camera D2 of the Hotel, when, General Manager Rajinder Malhotra, Sachin and Anoop had fallen, then, accused Anoop Kumar was found to be coming out from the Hotel, through ramp and after sometime, Amit Kumar (applicant) was also seen to be coming out. Hence, involvement of Amit Kumar was also found. 10.11. It is the further case of the police that accusedAnoop Kumar has been admitted in Pandit Jawahar Lal Nehru Hospital, Chamba, was referred by Civil Hospital Dalhousie, as per MLC No.1 of 2025 and he was declared not fit for recording statement. However, on 03.01.2025, Amit Kumar (applicant) and accused Anoop Kumar were

¶44

11 ( 2025:HHC:34400 )

¶45

associated in the investigation. Consequently, both of them were arrested. They were produced before the Court of learned Chief Judicial Magistrate, Chamba, from where, they were remanded to police custody on 07.01.2025.

¶46

10.12. On 03.01.2025, the investigation, in this case, was further entrusted to Police Station CID Bharari, District Shimla, H.P. As per further investigation, the CCTV footage of Hotel Nature Valley was checked on 11.01.2025. On 12.01.2025 statement of Satish son of Sunder and Sonu son of Balvinder Singh were recorded under Section 180 of BNSS. As per the statements of the witnesses and according to the CCTV footage, involvement of Subhash Kumar son of Prakash Chand was found in the case. He was associated on 14.01.2025 and was arrested and produced before the Court of on 15.01.2025, from where, he was remanded to police custody for three days.

¶47

10.13. As per further case of the police that on 29.01.2025, the CCTV footage was again checked and on the day of incident, involvement of accused Varender Kumar was also found from the start of incident till the end, in the CCTV footage. He was also seen scuffling with Subhash Kumar.

¶48

12 ( 2025:HHC:34400 )

¶49

10.14. According to further case of the police that as per the CCTV footage, accused persons Anoop Kumar, Subhash Kumar, Rajinder Malhotra, Amit Kumar (applicant) and other persons, were also seen and in order to get the same identified, employees of the Hotel namely Satish Kumar and Sonu Kumar were associated on 28.01.2025. Both of them, after seeing the CCTV footage, identified the said person, as accused Varender Kumar. Their statements under Section 180 of BNSS were got recorded. Therefore, on 29.01.2025 accused Varender Kumar was arrested.

¶50

10.15. As per the status report, the team of SFSL Junga and RFSL Dharamahsla, visited the spot and scene of crime was recreated. Since, the offence, under Section 103 of BNS was not found to be made out, as such, Section 103 of BNS was deleted and Section 105 along with Section 117 of BNS was added.

¶51

10.16. After completion of investigation, charge sheet, under Sections 105, 3(5), 115(2) and 117 of BNS, had been filed against the accused persons and Amit Kumar (applicant) and was submitted to the Court of learned Judicial Magistrate First Class, Dalhousie, on 29.03.2025.

¶52

13 ( 2025:HHC:34400 )

¶53

10.17. Reports from SFSL, Junga, were also received and the case has now been listed before the Court of learned Sessions Judge, Chamba, on 30.06.2025. Out of total 43 witnesses, 37 have been examined and 6 are yet to be examined. The case has now been listed for 15.10.2025 for PWs.

¶54

10.18. On the basis of the seriousness of the offence, it has been prayed that the bail application may kindly be dismissed, as in case of bail, the applicant may coerce the witnesses and allure them to deposed in his favour.

¶55

On the basis of the above facts, a prayer has been made to dismiss the application.

¶56

Investigation in the present case is stated to be completed.

¶57

According to the stand, as taken by the police, the alleged involvement of the applicant, in the crime, was found on the basis of the CCTV footage. On 29.01.2025, employees of the Hotel, namely Shri Satish Kumar and Sonu Kumar identified him along with accused persons, Anoop Kumar, Subhash Kumar and General Manager, Rajinder Malhotra.

¶58

14 ( 2025:HHC:34400 )

¶59

Similarly, Sonu Kumar also deposed on the same line in his statement, recorded under Section 180 of BNSS. In the absence of any specific role attributed to the applicant, this Court is of the view that no useful purpose would be served, by keeping the applicant, in the judicial custody.

¶60

Considering the fact that no other case is found to have been registered against the applicant, he is presumed to be innocent, until proven guilty by the competent Court of law.

¶61

Moreover, the applicant is permanent resident of District Chamba, as such, it cannot be apprehended that in case, he is ordered to be released on bail, he may not be available for trial.

¶62

Even otherwise, at the time of deciding the question of bail, detailed discussion of the evidence of the prosecution should be avoided, as the same would cause prejudice to the case of the prosecution, as well as, the case of the applicant.

¶63

Co-accused Varender Kumar has also been released on bail, by this Court, on 26.09.2025, in Cr.MP(M)

¶64

15 ( 2025:HHC:34400 )

¶65

No. 2090 of 2025. As such, on the ground of parity also, the applicant is entitled for the relief, as claimed, in the application

¶66

So far as the apprehensions, which have been expressed by the police in the status report, are concerned, reasonable conditions can be imposed, in case, the applicant is ordered to be released on bail.

¶67

Considering all these facts, this Court is of the view that the present bail application is liable to be allowed and is accordingly allowed.

¶68

Consequently, the applicant is ordered to be released, on bail, in case FIR No.1 of 2025, dated 01.01.2025, registered under Sections 105(1), 3(5), 115(2) & 117 of BNS, with Police Station Dalhousie, District Chamba, H.P., on his furnishing personal bond in the sum of Rs.50,000/-, with two sureties of the like amount, to the satisfaction of the learned trial Court.

¶69

This order, however, shall be subject to the following conditions:-

¶70

a) Applicant shall regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so,

¶71

16 ( 2025:HHC:34400 )

¶72

seek exemption from appearance by filing appropriate application;

¶73

b) Applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;

¶74

c) Applicant shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or the Police Officer, and

¶75

d) Applicant shall not leave the territory of India without the prior permission of the Court.

¶76

Any of the observations, made hereinabove, shall

¶77

not be taken, as an expression of opinion, on the merits of the case, as these observations are confined, only to the disposal of the present bail application.

¶78

It is made clear that respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions is found violated by the applicant.

¶79

The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, District Jail, Chamba, Himachal Pradesh, through e-mail, with a direction to enter the date of grant of bail in the e-prison software.

¶80

In case, the applicant is not released within a period of seven days from the date of grant of bail, the

¶81

17 ( 2025:HHC:34400 )

¶82

Superintendent of Jail, District Jail, Chamba, District Chamba, Himachal Pradesh, is directed to inform this fact to the Secretary, DLSA, Chamba. The Superintendent of Jail, District Jail Chamba, District Chamba, Himachal Pradesh, is further directed that if the applicant fails to furnish the bail bonds, as per the order passed by this Court, within a period of one month from today, then, the said fact be submitted to this Court.

¶83

(Virender Singh) Judge

¶84

October 10, 2025 (subhash)

¶85

Digitally signed by KALPANA KALPANA Date: 2025.10.10 15:06:18 +0000

Amit Kumar v. State of Hp

Case brief

What is this about?

What did the court decide?

Amit Kumar v. State of Hp

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

M/S Verma Electricals and Sons Vs Rajdhani Electricles

Kulvinder Gill Vs State of Hp

Chottu Vs State of Hp

Sohan Singh Vs State of Hp

Manoj Kumar Vs State of Hp and Anr.

Ritesh Vs State of Hp