Rahul Kumar Alias Happy Vs State of Hp

2026:HHC:26526

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

Cr.MP (M) No. : 1016 of 2026 Reserved on : 02^nd July, 2026 Decided on : 03^rd July 2026 Uploaded on : 03^rd July, 2026 Rahul Kumar @ Happy …Applicant Versus State of Himachal Pradesh …Respondent

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Coram

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The Hon’ble Mr. Justice Virender Singh, Judge.

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Whether approved for reporting?¹

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For the applicant : Ms. Kanta Thakur, Advocate.

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For the respondent : Mr. Tejasvi Sharma and Mr. H.S. Rawat, Additional Advocates General, with Mr. Rohit Sharma and Ms. Ranjna Patial, Deputy Advocates General.

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Virender Singh, Judge (Oral)

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Applicant – Rahul Kumar @ Happy, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS'), with a prayer to release him on bail, during the pendency of trial, in case FIR No.207 of 2024 , dated 25.08.2024, registered, under Sections 103, 3(5) and

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1 Whether Reporters of local papers may be allowed to see the judgment? Yes.

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127(2) of the Bharatiya Nyaya Sanhita, 2023

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(hereinafter referred to as the ‘BNS’), with Police Station Baddi, District Solan, H.P.

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According to the applicant, he is innocent person and has falsely been implicated and arrested, in the present case.

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As per the applicant, no ‘Test Identification Parade’ of the applicant was conducted.

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According to the applicant, he is in custody from 04.09.2024 and investigation, in the present case, is complete. As such, no useful purpose would be served by keeping the applicant, in judicial custody.

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It is the further case of the applicant that the prosecution could not collect any evidence to connect him with the alleged offence.

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According to the applicant, he is permanent resident of the address, as mentioned in the application and is having deep roots in the society.

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The applicant has sought the relief of bail on the ground of parity as his coaccused Ajay Kumar, Ram

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Karan, Prakash Kumar and Yog Raj have already been released, on bail, by this Court.

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The applicant has also tried his luck, by moving similar application, before the Court of learned Additional Sessions Judge, Nalagarh, however, the same was dismissed on 02.09.2025.

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

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When put to notice, the police has filed the status report disclosing therein, on 25.08.2024, HC Amarjeet Singh No.48, I.O., had given the information qua the fact that he noticed two persons; one was lying in injured condition and the other was lying unconscious, at a place known as Sandoli Khawadian and he was taking both the persons to CHC Baddi for treatment.

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10.1. Thereafter, Inspector/SHO, along with other police official, reached at CHC Baddi, where the two persons were taken by the I.O. Injured Lakshmi Kant was declared as fit to make statement, and was referred to PGI Chandigarh for further treatment, whereas, the other person namely Rahul Rai, was declared dead.

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10.2. Statement of the complainant was recorded under Section 173 BNSS, wherein, he had disclosed that he is resident of village Pawa, Tehsil Bustabad, District Unnav, UP and is residing in a rented accommodation at Panchkula, along with three other persons. Rahul is his friend.

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10.3. On 25.08.2024, all the four persons had boarded a bus and at about 3.30 p.m., they reached Baddi, where the companion of Rahul had gone to purchase Ganja. When Rahul was purchasing Ganja, then a scuffle took place with the person, who had allegedly sold Ganja to them, as Rahul had not paid the amount to him. The other party was from the locality, as such, they came there along with Dandas in their hands and all the four persons were beaten by them.

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10.4. According to the complainant, the assailants were not known to him, however, he could identify them, if produced before him. They all were stated to be of 2227 years of age.

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10.5. Thereafter, the police registered the FIR, in question and criminal machinery swung into motion.

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During investigation, the spot was visited by the team of expert of FSL. Dead body of Rahul Rai was sent for postmortem examination to IGMC. After postmortem, the dead body was handed over to the relatives for performing the last rites.

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As per the further investigation, involvement of accused Chetan Singh, Ram Karan and Karan Kumar @ Soni was found. All the three were inquired and were arrested on 26.08.2024 at 7.35 p.m. Since, complainant Lakshmi Kant had got recorded, in his statement, that the assailants were not known to him, as such, test identification parade was proposed to be conducted.

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In the further investigation, accused Nitin Kashyap, Sonu Kumar, Chhotu, Bablu Ahirwar, Shantanu, and Praveen, were arrested on 27.08.2024. Thereafter, on 30.08.2024, accused Ravi Kumar was arrested. On 01.09.2024, accused Ajay Kumar was produced before the I.O., he was also arrested on 1.09.2024. All the accused,

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who were arrested, in this case, their faces were muffled to conceal their identification.

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Thereafter, on 4.9.2024, accused Rahul @ Happy (applicant) was arrested. On 7.9.2024, applicant Rahul Kumar has identified the place of occurrence. The said fact was documented. On 10.09.2024, accused Sonu Kumar, also made statement under Section 23 of the Bharatiya Sakshya Adhiniyam, 2023 (hereinafter referred to as ‘the BSA’) and got recovered bamboo stick, which was also taken into possession. Similarly, accused Karan Kumar @ Soni, has made the statement under Section 23 of the BSA and got recovered the danda which was also taken into possession. CDRs of mobile numbers of the accused persons were obtained.

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On 14.09.2024, accused Prakash Kumar was also arrested. On 16.09.2024, accused Prakash Kumar got recovered a scanner, which was also taken into possession. On 18.09.2024, accused Lukesh @ Jassi was arrested. On 19.09.2024, accused Yograj was arrested. On 6.11.2024, accused Rakib was also arrested.

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It is the further case of the Police that accused Ajay Kumar, along with his companion was found moving on motorcycle towards Katha and he was identified on the

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basis of the CCTV Footage. However, Ajay Kumar was not found involved in the quarrel, which had taken place in the parking of Truck Union, Baddi.

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On 04.09.2024, test identification parade was got conducted by learned Judicial Magistrate First Class, Court No.2, Nalagarh, in which, the injured has identified 11 accused persons namely; Chetan Singh, Ram Karan, Karan Kumar, Nitin Kashyap, Sonu Kumar, Bablu Ahirvar, Shantanu, Praveen Kumar, Chhotu, Ravi Kumar and Ajay Kumar.

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Applicant Rahul Kumar has been arrested on 04.09.2024 and he was produced before the Court on 05.09.2024, from where, he was remanded to the police custody for five days. During the police custody, he has identified the place of alleged occurrence and the said fact was documented.

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It has been mentioned in the status report that in this case, as per the investigation, statements of witnesses, and videos, applicant Rahul Kumar @ Happy, along with Sonu, Nitin Kashyap, Anmol @ Tejua, Bablu Ahirvar and Ravi Kumar etc. had beaten Rahul Rai,

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Laxmikant, Ankush and Navneet @ Shiva, near Truck Union, Baddi and thereafter accused Sonu took the injured in their vehicle to Katha near Coca Cola Company and applicant Rahul reached there on his motorcycle.

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Admittedly, the investigation, in the present case, is complete and the case is now fixed for recording the statements of prosecution witnesses on 1, 3, 5, 7, 9, 10, 11, 14, 16, 17, 21 and 22.09.2026.

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Coaccused of the applicant, accused Yog Raj, and Prakash Kumar have already been released on bail by this Court, while deciding Cr.MP(M) No.753 of 2025, on 7.7.2025 and Cr.MP(M) No.70 of 2026, on 31.03.2026, whereas, accused Lukesh @ Jassi has been released by the learned trial Court vide order dated 12.12.2025.

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The role attributed to the present applicant is almost the same, which has been alleged against the above persons.

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The applicant, in the present case, has been arrested on 04.09.2024 and the prosecution has yet examined only 12 witnesses and three were given up. Now, the case is listed for recording the statements of

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prosecution witnesses on 1, 3, 5, 7, 9, 10, 11, 14, 16, 17, 21 and 22.09.2026.

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Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. The applicant is ordered to be released on bail in case FIR No.207 of 2024, dated 25.08.2024, registered, under Sections 103, 3(5), and 127(2), of the BNS, with Police Station Baddi, District Solan, H.P. , on his furnishing personal bond, in the sum of Rs.50,000/, with one surety, in the like amount, to the satisfaction of learned trial Court.

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

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“a) Applicant shall make himself available for the purpose of investigation, if so required and regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application;

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

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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

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

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Any of the observations made herein above shall

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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.

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It is made clear that the respondentState is at liberty to move an appropriate application, in case, any of the bail conditions is found to be violated by the bail applicant/petitioner.

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The Registry is directed to forward a soft copy of the bail order to the Superintendent Jail, Sub Jail, Kishanpura, District Solan through email, with a direction to enter the date of grant of bail in the eprison software.

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In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent Jail, Sub Jail, Kishanpura, District Solan, is directed to inform this fact to the Secretary, DLSA, Solan. The Superintendent Jail, Sub Jail, Kishanpura, District Solan, is further directed that if the applicant fails to furnish the bail bonds, as per the order

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passed by this Court, within a period of one month from

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today, then, the said fact be submitted to this Court.

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( Virender Singh ) Judge

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July 03, 2025 (ps)