VIJAY SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail in F.I.R. No. 51 of 2018, dtd. 1/5/2018, registered at Police Station, Dharampur, District Solan, H.P., for the commission of offences punishable under Ss. 302, 307, 353, and 201 of the Indian Penal Code (hereinafter referred to as IPC) and Sec. 25 of the Arms Act.

(2.) It has been asserted that, according to the prosecution, the petitioner had fired upon government officials while they were discharging their official duties. The police arrested the petitioner and investigated the matter. They filed the main charge sheet before the Court on 26/7/2018, and supplementary charge sheets on 23/10/2019 and 13/1/2020. The matter was listed for final argument when the prosecution moved an application under Sec. 311 of the Code of Criminal Procedure (CrPC), read with Sec. 348 of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023 seeking the recall of Dr Sangeet Dhillon (PW17) and Naseeb Singh Patiyal (PW41). The learned Trial Court allowed the application and recalled the witnesses for further examination. The matter was scheduled for the examination of witnesses on 8/1/2026, but they failed to appear, and the case was adjourned to 20/2/2026. The prosecution is unable to complete the evidence despite the lapse of seven years and eight months. The petitioner is innocent and was falsely implicated. The undue delay in completing the trial violates the petitioner's right to a speedy trial. The prosecution, and not the petitioner, has caused the delay. The petitioner was previously granted interim bail, and he did not violate the conditions imposed upon him. He would abide by the terms and conditions that the Court may impose. Therefore, it is 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 National Green Tribunal (NGT) had directed the demolition of all illegal constructions. Informant Shivender Pal, Ranjan Gupta, Sanjay Negi, Rajeev Mishra, Smt. Shail Bala, N.C. Mahajan, Rahul Sharma, police officials and PWD officials were deputed to comply with the orders of the NGT. Petitioner Vijay Singh is the owner of Narayani Guest House. He was present at the reception. He shot at Smt. Shail Bala and Gulab Singh, who sustained multiple injuries. Shail Bala and Gulab Singh were taken to the hospital, however, Smt. Shail Bala succumbed to her injuries. The police registered the FIR and investigated the matter. The police seized the material objects on the spot. As per the autopsy report, Smt. Shail Bala had died as a result of hemorrhagic shock and injury to vital structures caused by a rifled firearm. The police seized the empty cartridges from the guest house. The police arrested the petitioner, and he got a revolver and cartridges recovered. Subsequently, Gulab Singh also died because of septicemia secondary to gunshot injury. As per the report of analysis, human blood was detected on the blood recovered from the body of Shail Bala, the nose pin of Shail Bala and the hair clip of Shail Bala, which was insufficient for blood grouping. Human blood of blood group (A) was detected in the blood sample of Shail Bala, her shirt, pyjama, vest and a piece of mat. Human blood was also detected on the underwear, brassiere, dupatta, blood-stained soil, stone and artificial teeth of Shail Bala. Blood was detected on the vest, pants, shirt and jacket of Gulab Singh, but it was inconclusive in respect of the blood group. The police filed the charge sheet after the completion of the investigation. The statements of two witnesses are to be recorded, and the matter was listed on 20/2/2026 for recording their statements. Hence, the status report.