The court ruled that bail can be granted when specific allegations are lacking and the applicant cooperates with the investigation, emphasizing that pre-trial punishment is prohibited.

JUDGMENT :

Virender Singh, J.

1. Apprehending his arrest, in case FIR No.13/2025 dated 13.02.2025 (hereinafter referred to as the ‘FIR in question’), registered under Sections 64, 308(2), 351(2) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’), with Police Station Khundian, District Kangra, H.P., applicant-Dinesh Kumar has filed the present application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’).

2. By way of the present application, the applicant has sought the indulgence of this Court to direct the I.O/police of Police Station Khundian, District Kangra, H.P., to release him, on bail, in the event of his arrest, in the above-mentioned case/FIR.

3. The said relief has been sought on the ground that he is innocent person and has falsely been implicated, in this case.

4. According to the applicant, he is permanent resident of the address, as mentioned in the application and belongs to the respectable family, having deep roots in the society.

5. On the basis of above facts, certain undertakings have been given, on behalf of applicant, for which, the applicant is ready to abide by, in case, any direction is issued to the police/I.O., in this case.

6. Vide order dated 25.02.2025, State was directed to file the status report and consequently, status report had been filed.

7. As per the status report, which has been filed on 25.02.2025, on 13.02.2025, the prosecutrix, who, in this case, has been ordered to be impleaded as respondent No.2, vide order dated 11.03.2025, appeared before the police and made the complaint, mentioning therein that she is resident of the address, as mentioned in the application. According to her, she is married, whereas, accused Dinesh Thakur S/o Nand Lal Thakur (applicant), is the resident of Village Churad, Tehsil Sundernagar, District Mandi, H.P. and doing the business of construction of road.

7.1. As per the complaint, made by respondent No.2, said Dinesh Kumar (applicant) had taken a room on rent near the house of the prosecutrix. The applicant thereafter obtained the mobile number of prosecutrix and starting calling her and also clicked her photographs. Not only this, the applicant used to call prosecutrix from different mobile numbers.

7.2. Complainant has further alleged that the applicant had given a proposal to solemnize the marriage with her, but the said proposal was turned down by the complainant, on the ground that she is married, having two children. She has also told the applicant that neither, she is in love with him, nor she can solemnize the marriage with him, upon which, the applicant allegedly started threatening her by saying that the photographs, which he had clicked, will be shown to her husband, as well as, her family members. Whenever, the applicant found the complainant all alone, then, the applicant came there under the influence of liquor and forcefully ravished her. Despite the fact that the complainant begged mercy, applicant did not adhere to her request and ravished her.

7.3. The complainant, according to her further version, did not complain to her husband or her family members, as, according to her, since, she is married, she was afraid that her matrimonial life may not disturb and on account of the social stigma also, she remained silent.

7.4. It is the further case of the complainant that her husband is working in Army and used to come on leave only for two months in a year. She is residing with her two children and the applicant had taken the benefit of this fact and ravished her and also clicked her private photographs and videos. On the basis of the said photographs and videos, applicant used to blackmail her and also beaten her. Not only this, the applicant threatened to made an attempt to kill her and also slapped her 5-year-old daughter.

7.5. It is the further case of the police that as per the complaint, made by the complainant, due to the physical relations, which the applicant had allegedly