SAURABH PATIAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking regular bail in FIR No. 58/2025, dtd. 14/3/2025, registered at Police Station Sadar, District Bilaspur, H.P., for the commission of an offence punishable under Sec. 109 read with Sec. 3(5) of Bharatiya Nyaya Sanhita (BNS), 2023 and Sec. 25 of the Arms Act.

(2.) It has been asserted that the petitioner was falsely implicated based on prior enmity with the injured. As per the prosecution, the injured and his son had hired the shooters to kill the petitioner. They shot at the petitioner, and he suffered a bullet injury. An FIR No. 160 of 2024 was registered at Police Station Sadar, District Bilaspur, H.P. Subsequently, the informant was also injured in a shootout. 7-8 FIRs have been registered against the petitioner because of the enmity and political rivalry. The police arrested the petitioner based on the surmises. There is no material to connect the petitioner to the commission of the crime. Petitioner had filed a bail petition, which was dismissed by the learned Sessions Judge. The petitioner would abide by the terms and conditions that the Court may impose. Hence, it was prayed that the present petition be allowed and the petitioner be released on bail.

(3.) The prosecution has filed multiple status reports. As per the latest status report, the police reached the hospital after learning about the shootout. Bambar Thakur was found admitted to the hospital. The Medical Officer certified that he was not fit to make the statement. The police recorded the statement of injured Vishal Chandel, who stated that he was present in the residence of Bambar Thakur on 14/3/2025. Bambar Thakur, Vishal Chandel and 3-4 persons were talking to each other in the courtyard. Four people came into the courtyard, and two of them shot at Bambar Thakur and the other persons. Bambar Thakur, Sanjeev Kumar and the informant Vishal sustained injuries in the incident. Police registered the FIR and investigated the matter. The medical examination of the injured showed that they had sustained injuries from a gunshot. The police checked the CCTV footage and call details record and suspected the involvement of Ritesh Sharma, Manjeet Singh Nadda and Rohit Kumar Rana. The police arrested them. They revealed the involvement of the present petitioner. The police associated the petitioner and interrogated him. The police also seized the petitioner's vehicle bearing registration No. HP-23E-1000. The call details record disclosed that Manjeet Singh Nadda and Rohit Kumar Rana had talked to each other before and after the incident. The location of the other shooters was found at Bilaspur. The petitioner had enmity with Bambar Thakur, and FIR No. 67 of 2024, dtd. 23/2/2024, was registered against him. Bambar Thakur had engaged the shooters who had shot at the petitioner. The petitioner had engaged the shooters to take revenge. The petitioner had made the arrangement for the stay of the shooters. He had provided the pistol and the cartridges to Aman. The petitioner was present at Rohtak on the date of the incident to mislead the police, and Kuldeep had gone to Haridwar after the incident. The petitioner was the main conspirator. Various FIRs have been registered against the petitioner. The petitioner would intimidate the witnesses if he were released on bail. The charge sheet was filed before the Court. The prosecution has cited 54 witnesses, and the matter is listed for consideration of the charge on 16/3/2026. Hence, the status report.