Khekh Ram vs State Of H.P

Romesh Verma, J

The instant petition has been filed by the petitioner, for the grant of regular bail under Section 483 of the Bhartiya Nagrik Surakasha Sanhita, 2023, in case FIR No.18 of 2016 dated 16.01.2026 registered at Police Station Sadar, Kullu, H.P., under Sections 132, 121 (1), 352, 351 (2) read with Section 3 (5) of the Bharatiya Nyaya Sanhita.

It is the case of the prosecution that Sh. Rajiv Sharma, who was working as Kanungo aged 58 years, made a complaint that he is working as Kanungo and certain residents of Gram Panchayat Raugi on 21.08.2025 made a complaint with respect to the encroachment made by the petitioner over the Government land. The Tehsil Office, Kullu directed the complainant to visit the spot and as per the orders of his superiors for the inspection, he went on the spot on 16.01.2026. That he went along with the Patwari namely Sh. Bhoop Singh on 16.01.2026 and at about 11:15 am when he along with the Patwari went on the spot the police team was also there and Pradhan Sh. Maan Chand, Up-Pradhan Sh. Lal Chand and Numberdar Sh. Chaman Lal of the Gram Panchayat were also present.

That when all the parties assembled on the spot, the present petitioner came to him and stated that other persons have also encroached Government land and the encroachment of all such persons should be removed and he started arguing with the complainant and also obstructed the demarcation of the land in question and in this process he slapped the complainant. When, Sh. Bhoop Singh confronted the present petitioner why he has slapped the complainant, the petitioner gave beating to Bhoop Singh with a danda and the police party intervened to save the complainant. It has been further averred that the petitioner gave beatings to Bhoop Singh and on that account he sustained serious injurious and during this scuffle, one Sh. Manoj Kumar, who tried to intervene also sustained injuries. Therefore, it was averred that appropriate action may be taken against the present petitioner. The FIR was lodged on 16.01.2026 against the present petitioner and other co-accused namely Meerat Ram, Ashok Kumar and Rohit. That pursuant to the registration of the FIR, the present petitioner was arrested on 18.01.2026 and it has been informed by the Ld. Additional Advocate General that till date the present petitioner is admitted in Regional Hospital, Kullu under judicial custody.

The petitioner had approached the trial Court for the grant of regular bail, however, the learned Chief Judicial Magistrate, Lahaul & Spirit, Kullu vide its order dated 21.01.2026 dismissed the application filed by the present petitioner. Therefore, feeling aggrieved, the present petitioner is before this Court.

I have heard Sh. Peeyush Verma, learned Senior Advocate assisted by Mr. Ajay Kumar, for the petitioner and Sh. LN Sharma, Ld. Additional Advocate General appearing for the State, who is assisted by HC Gaurav Jistu No.33 P.S. Sadar Kullu, District Kullu.

The learned Senior Counsel submits that the present petitioner is in judicial lockup for the last more than 23 days. He is suffering from various ailments and on the advice of the Doctors he is admitted in the Regional Hosptial, Kullu and he was taken to the PGI for further treatment. Therefore, his client deserves to be released on bail. He further submits that he shall co-operate and join the investigation in case the present petition is allowed and he is released on bail.

On the other hand, Mr. LN Sharma, learned Additional Advocate General vehemently opposed the bail petition on the ground that the petitioner is a habitual offender and he has relied upon the status report whereby it has been mentioned in the status report that FIR No.306/2020 dated 15.10.2020 under Sections 341, 405, 506 of IPC, FIR No.44/10 dated 05.10.2010 under Section 279, 337 of IPC and FIR No.654/2002 dated 20.12.2002 under Section 341, 323, 147, 149 of IPC are registered against the petitioner at Police Station Kullu, however, further clarified that in all these cases the petitioner has been acquitted, therefore no leniency can be shown to the petitioner.

Though this court is well aware of the fact that at the time of the incident, the petitioner was the Chairman of BDC and it was expected from the petitioner to have acted in an appropriate and decent manner. The petitioner is in judicial lockup for a considerable period and it is admitted by the Ld. Additional Advocate General, who is assisted by HC Gaurav Jistu No.33 P.S. Sadar Kullu, District Kullu that presently the petitioner is admitted in Regional Hospital Kullu and he is suffering from various ailments. Therefore, keeping in view, the health condition of the petitioner, more so, in view of the fact that he has to be taken to the PGI Chandigarh, this Court deems fit to exercise the discretion by enlarging him on bail by imposing appropriate conditions. This Court directs that the petitioner shall not indulge in such kind of incidents in future, failing which the prosecution shall be at liberty to approach this Court for the cancellation of the bail which is being granted by the Court.

Consequently, the present petition is allowed and the petitioner is ordered to be enlarged on bail, on his furnishing personal bond in the sum of Rs.2,00,000/- with one surety in the like amount to the satisfaction of learned Trial Court, subject to the following conditions:

(i) The applicant will join the investigation of the case, as and when, called for, by the Investigating Officer, in accordance with law;

(ii) That the applicant will not leave India, without prior permission of the Court;

(iii) That the applicant will not directly or indirectly, make any inducement, threat or promise to any person, acquainted with the facts of the case, so as to dissuade him/her from disclosing such facts to the Investigating Officer or the Court; and

(iv) That the applicant shall 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;

(v) The petitioner will not leave the present address for a continuous period of seven days without furnishing the address of the intended visit to the SHO concerned, the Police Station concerned and the Trial Court.

(vi) The petitioner will surrender his passport, if any, to the Court; and

(vii) The petitioner will furnish his mobile number and social media contact to the Police and the Court and will abide by the summons/notices received from the Police/Court through SMS/WhatsApp/Social Media Account. In case of any change in the mobile number or social media accounts, the same will be intimated to the Police/Court within five days from the date of the change.

Any of the observations, made hereinabove, shall 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 application.

Petition stands disposed of, so also the pending application, if any.