The High Court of Himachal Pradesh, Shimla, granted pre-arrest bail to Krishan Kumar Kasana in FIR No. 107 of 2025, registered at Police Station Baddi. The case involved allegations under Sections 221, 224, 351(2), and 78 of the Bharatiya Nyaya Sanhita (BNS), 2023. Justice Rakesh Kainthla presided over the matter, delivering the judgment on 06.08.2025.
Background of the Case
The petitioner, Krishan Kumar Kasana, claimed he was falsely implicated in the FIR. He alleged that the informant, a Regional Officer in the State Pollution Control Board, filed the complaint as a counterblast to earlier complaints made by Kasana against him for demanding bribes. The FIR accused Kasana of stalking, intimidation, and attempting to hit the informant’s vehicle.
The prosecution, however, argued that Kasana had followed the informant and his wife, took photographs without consent, and tried to coerce the informant into granting undue favors. Call detail records (CDR) were presented as evidence, showing Kasana’s presence near the informant’s locations.
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The court referred to Supreme Court precedents, including P. Chidambaram v. Directorate of Enforcement and Srikant Upadhyay v. State of Bihar, emphasizing that pre-arrest bail is an extraordinary remedy to be granted sparingly. It noted:
"The power of pre-arrest bail is extraordinary and should be exercised sparingly. The privilege should be granted only in exceptional cases after considering the nature of the accusation and the likelihood of fleeing justice."
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Justice Kainthla observed that the allegations under Section 78 BNS (stalking) were not substantiated. The CDR evidence did not conclusively prove stalking, as the locations mentioned did not align with the informant’s claims. The court also noted that Kasana had cooperated with the investigation and that custodial interrogation was unnecessary.
Case Title: Krishan Kumar Kasana vs. State of Himachal Pradesh & Another
Case No.: Cr. MP (M) No. 1257 of 2025
