Dharmender Singh vs State Of Himachal Pradesh

Rakesh Kainthla, J

The petitioner has filed the present petition for seeking regular bail. It has been asserted that the police arrested the petitioner on 25.06.2022 for the commission of offences punishable under Sections 302, 392, 201, 120-B read with Section 34 of the Indian Penal Code (IPC), registered vide FIR No. 54/22, dated 11.6.2022 in Police Station Kotkhai, District Shimla, H.P. The petitioner is in judicial custody for more than three years and three months. The police have filed the charge sheet, which is pending before the learned Additional Sessions Judge Rohru, camp at Theog. The matter is listed for recording the statements of the prosecution’s witnesses on 10.11.2025 and 11.11.2025. The prosecution asserted that the petitioner and the co-accused had threatened the deceased to withdraw FIR no. 35/21 dated 23.06.2021. The petitioner has been acquitted in the aforesaid FIR. There is no material to show the involvement of the petitioner in the commission of a crime. The petitioner is the sole earner of the family. He has to look after his wife, minor son and old parents. No useful purpose would be served by keeping him behind the bars. The petitioner has deep roots in society, and there is no chance of his absconding. He would abide by all the terms and conditions that may be imposed by the Court. Ravinder Kumar Singh, one of the co-accused, was released on bail by the Hon’ble Supreme Court in SLP (Crl.) No. 9365 of 2025, decided on 24.09.2025. The petitioner is entitled to bail on the principle of parity. Hence, it was prayed that the present petition be allowed and the petitioner be released on bail.

The petition is opposed by filing a a status report taking a preliminary objection regarding the lack of maintainability. It was asserted that information was received in Police Station Kotkhai on 7.6.2022 that Baba Shiv Narayan Puri, who was residing in an Ashram in Dandi Forest, was not picking up his phone for some days. The police went to the Ashram and found it to be locked. They searched for Baba Shiv Narayan Puri but could not find him. A complaint was received from S.K. Sumani on 8.6.2022 that both the mobile phones of Baba were operational in Punjab. Entry No.16 was made at the Police Station. Sandeep Kumar made a complaint. FIR No. 54/22, dated 11.6.2022, was registered in Police Station Kotkhai, District Shimla, HP, for the commission of an offence punishable under Section 364 of IPC. It was found during the investigation that the petitioner and the other accused came to the Ashram of Baba on 5.6.2022. They killed Baba and threw his dead body in a Dhaank on Giripul Road. The police recorded the statement of the petitioner, which led to the recovery of the dead body of Baba in a decomposed condition. The police arrested the petitioner and other co-accused and presented the challan before the Court. The police have cited 61 witnesses. The statements of nine witnesses have been recorded so far. The petitioner constitutes a threat to society, and he should not be released on bail. Therefore, it was prayed that the present petition be dismissed.

I have heard Mr Karan Kapoor, learned counsel for the petitioner and Mr. Jitender Sharma, learned Additional Advocate General, for the respondent/State.

Mr. Jitender Sharma, learned counsel for the petitioner, submitted that the Hon’ble Supreme Court has released the co-accused on bail. The allegations against the petitioner and the co-accused are similar. The petitioner is entitled to bail on the principle of parity. Therefore, he prayed that the present petition be allowed and the petitioner be released on bail.

Mr Lokender Kutlheria, learned Additional Advocate General, for the respondent/ State, conceded that the Hon’ble Supreme Court had released the co-accused on bail; however, he submitted that the principle of parity does not apply to the present case. The statements of nine witnesses have been recorded, and the matter is listed for prosecution evidence on 10.11.2025 and 11.11.2025. The prosecution is making every effort to conclude the trial expeditiously. Hence, he prayed that the present petition be dismissed.

I have given considerable thought to the submissions made at the bar and have gone through the records carefully.

It is undisputed that the Hon’ble Supreme Court has released the co-accused Ravinder Kumar Singh on bail because he was in custody since 20.07.2022, and the prosecution had failed to complete the evidence. The police arrested the petitioner on 25.06.2022, much before the co-accused, Ravinder Kumar Singh. If the Hon’ble Supreme Court considered the continued incarceration of the co-accused Ravinder Kumar, unjustified, the incarceration of the petitioner cannot be justified.

The Hon’ble Supreme Court released the co-accused on bail on such terms and conditions as the Trial Court may deem fit. Since the petitioner is being released on bail on the principle of parity, the same conditions would apply to him.

In view of the above, the present petition is allowed and the petitioner is ordered to be released on bail, on such terms and conditions as the learned Trial Court concerned may deem fit to impose in the facts and circumstances of the case.

The petitions stand accordingly disposed of. A copy of this order be sent to the Jail Superintendent, Model Central Jail, Kanda, District Shimla and the learned Trial Court by FASTER.

A downloaded copy of this order shall be accepted by the learned Trial Court while imposing terms and conditions of bail on the petitioners, and in case said Court intends to ascertain the veracity of the downloaded copy of the order presented to it, the same may be ascertained from the official website of this Court.

The observations made here-in-above are regarding the disposal of the petition and will have no bearing, whatsoever, on the case's merits.