The court emphasized that pre-trial punishment is prohibited and granted bail based on the applicant's permanent residency and lack of necessity for custodial interrogation.

JUDGMENT :

Virender Singh, J.

1. Applicant Manish has filed the present application, under Section 482 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNS’) in case FIR No. 6 of 2025, dated 12.2.2025, registered under Sections 69 and 351 (2) of Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the BNS’) with Women Police Station, Bilaspur, District Bilaspur, H.P.

2. By way of the present application, the applicant has sought the indulgence of this Court to direct the Investigating Officer/Police, to release him on bail, in the event of his arrest, in the above-mentioned case, as, he is apprehending his arrest, in the said case.

3. Relief, as claimed in the application, has been sought on the ground that he is innocent person and has falsely been implicate in this case.

4. According to the applicant, he is permanent resident of District Mandi, as such, he is having deep roots in the society, and in case, he is arrested in a false case, it will ruin his reputation, in the society.

5. The applicant has termed the case, as mentioned, in the FIR, as false, and according to him, he is ready to abide by any conditions, to be imposed, by this Court, in case, any order is passed, under Section 482 BNSS , in this case.

6. On the basis of above facts, Mr. Ajay Chandel, Advocate has given certain undertakings, on behalf of the applicant, for which, he is ready to abide by, in case, directions are issued to the Police/I.O. under Section 482 of the BNSS.

7. On the basis of above, applicant has sought the relief, as claimed in the present bail application.

8. On 17.2.2025, the interim protection was awarded to the applicant and the case was ordered to be listed on 28.2.2025. On that day, the Police filed the status report, disclosing therein that on 12.2.2025, one Zero FIR No. 01 of 2025, was received from Women Police Station, Hamirpur, in Women Police Station, Bilaspur, H.P. for registration of the FIR. The complainant, aged 26 years, moved the complaint before the SHO, Women Police Station, Hamirpur, H.P., disclosing therein that she is resident of the address, as mentioned in the application and married to one ‘X’ (name withheld). However, the said marriage has been dissolved by way of decree of divorce.

8.1 According to her, accused Manish Kumar (applicant) is known to her, from the last four years, as they met through Facebook (Social Media app). Thereafter, they used to talk to each other, on phone. She has further alleged in the complaint that both of them were interested to marry each other and they had also disclosed this fact to their respective family members. However, mother of the applicant is stated to have not agreed to the said proposal. However, applicant and the complainant remained in touch with each other, on phone.

8.2 It has further been alleged in the complaint that in the month of July, 2024, applicant had called the complainant to Jahu fair, for the first time, upon which, the complainant had gone to Jahu fair to meet the applicant.

8.3 It is the further story of the complainant that 2-3 days thereafter, Manish called her again to Gagan Hotel, Ghumarwin, upon which, she went there and after talking to each other, returned to her native place. 3-4 days thereafter, the applicant had again called her to the same Hotel, and disclosed to one of his friends that he wants to marry the complainant and put the wedding garland in her neck. Thereafter, he took the complainant to Ghumarwin, where accused compelled her to be physical with him, upon which, she refused. On this, applicant is stated to have threatened the complainant that in case she does not make physical relations with him, he will not marry her. Thereafter, on the pretext of marriage, applicant forcibly ravished her.

8.4 It is the further case of the complainant that thereafter, applicant Manish stopped attending her calls and refused to marry her. As such, she has prayed that action be taken against him, upon which, the Police of Women Police Stat