The presumption of innocence, the general rule of bail, and the need to balance competing factors are central legal principles established in the judgment.

JUDGMENT

Sandeep Sharma, J. - Bail petitioner has approached this court by way of filing present bail petition under S. 438 CrPC, for grant of anticipatory bail in FIR No. No.198/17 dated 5.5.2017, under Ss. 419, 420, 467, 468 and 471 IPC, registered as Police Station Paonta Sahib, Sirmaur, H.P.

2. Sequel to order dated 2.11.2018, whereby petitioner was enlarged on interim bail in the aforesaid FIR, ASI Bala Ram, IO PS Paonta Sahib, Sirmaur, H.P. has come present with the record. Mr. Dinesh Thakur, learned Additional Advocate General has also placed on record status report, prepared on the basis of investigation carried out by the investigating agency. Record perused and returned.

3. Mr. Dinesh Thakur, learned Additional Advocate General, on the instructions of the Investigating Officer, who is present in the court, fairly stated that the investigation in the case is almost complete and nothing is required to be recovered from the bail petitioner. He further stated that in terms of order dated 2.11.2018, bail petitioner has joined the investigation and she is fully cooperating. Mr. Thakur, learned Additional Advocate General, on the instructions of the Investigating Officer contended that since no recovery is to be effected from the bail petitioner, she can be ordered to be enlarged on bail, subject to condition that she shall make herself available as and when required by the investigating agency for the purpose of investigation or trial.

4. Recently it has been held by the Hon''ble Apex Court as also this court that freedom of an individual is of utmost importance and same can not be curtailed for indefinite period, especially when guilt is yet to be proved in accordance with law. In the case at hand, guilt, if any, of the bail petitioner is yet to be proved in accordance with law, as such, this court sees no impediment in accepting the prayer for enlargement on bail made on behalf of the bail petitioner.

5. Recently, the Hon''ble Apex Court in Criminal Appeal No. 227/2018, Dataram Singh vs. State of Uttar Pradesh & Anr decided on 6.2.2018 has held that freedom of an individual can not be curtailed for indefinite period, especially when his guilt has not been proved. It has further held by the Hon''ble Apex Court in the aforesaid judgment that a person is believed to be innocent until found guilty. The Hon''ble Apex Court has held as under:

"2. A fundamental postulate of criminal jurisprudence is the presumption of innocence, meaning thereby that a person is believed to be innocent until found guilty. However, there are instances in our criminal law where a reverse onus has been placed on an accused with regard to some specific offences but that is another matter and does not detract from the fundamental postulate in respect of other offences. Yet another important facet of our criminal jurisprudence is that the grant of bail is the general rule and putting a person in jail or in a prison or in a correction home (whichever expression one may wish to use) is an exception. Unfortunately, some of these basic principles appear to have been lost sight of with the result that more and more persons are being incarcerated and for longer periods. This does not do any good to our criminal jurisprudence or to our society."

6. By now it is well settled that gravity alone cannot be decisive ground to deny bail, rather competing factors are required to be balanced by the court while exercising its discretion. It has been repeatedly held by the Hon''ble Apex Court that object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. The Hon''ble Apex Court in Sanjay Chandra versus Central Bureau of Investigation,2012 1 SCC 49; has been held as under:-

"The object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty m