Bail can be granted when investigation is complete, and the accused is not a habitual offender, provided conditions are imposed to ensure trial attendance and evidence integrity.

JUDGMENT :

Virender Singh, J.

1. Applicant-Gurmeet Singh @ Chidu, has filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS') with a prayer to release him on bail, during the pendency of trial, in case FIR No.157 of 2024, dated 30.06.2024, registered, under Sections 307, 506, 201 of the Indian Penal Code (hereinafter referred to as the ‘IPC’) and Sections 25 & 27 of the Arms Act, with Police Station Baddi, District Solan, H.P.

2. According to the applicant, he is innocent person and has falsely been implicated and arrested, in the present case.

3. As per the applicant, he has no role to play in the crime, in which, he has been named as accused. Investigation, in the present case, is stated to be completed and nothing is to be recovered from the applicant or at his instance.

4. Apart from this, learned counsel for the applicant has given certain undertakings, on behalf of the applicant, for which, the applicant is ready to abide by, in case, ordered to be released on bail.

5. The applicant has also tried his luck, by moving similar application, before the Court of learned Additional Sessions Judge, Nalagarh, however, the said application was dismissed on 09.09.2024. Thereafter, the applicant has filed bail application, bearing Cr. MP(M) No. 2762 of 2024, before this Court, which was dismissed as withdrawn on 12.12.2024.

6. On the basis of the above facts, a prayer has been made to allow the application.

7. When put to notice, the police has filed the status report, disclosing therein, that on 30.06.2024, a telephonic information was received from CHC Baddi, in the Police Station, disclosing therein, that a person, from village Narangpur Thana has been brought, in injured condition, for treatment, upon which, HC Amarjeet No.48, along with other police official, reached at CHC Baddi.

7.1. Thereafter, a request for MLC of the injured was made to the doctor. However, the doctor declared him unfit to make statement and referred the injured to PGI Chandigarh, for further treatment.

7.2. Thereafter, HC Amarjeet Singh, reached at PGI Chandigarh, where, the opinion of the Medical Officer was obtained, who had declared the injured, as, fit to make the statement. Thereafter, the statement of Didar Singh, under Section 154 Cr.PC., was recorded, in which, he has deposed that he is agriculturist by profession. On 30.06.2024, there was a Cricket tournament in village Narangpur in a ground near Brick Kiln.

7.3. The complainant, along with his friend Kala, Gola, Sonu and Jainta had gone to watch the said match. At about 3.05 p.m., they were watching the match, while sitting on the chairs, meanwhile, Gurmeet Singh @ Chidu (applicant) and Binder came there. Gurmeet Singh @ Chidu (applicant) directed the complainant to come out, as he wants to kill him, however, his threatening has been ignored by the complainant.

7.4. Thereafter, Gurmeet Singh @ Chidu (applicant) again came at the place, where the complainant was sitting on the chair and put his pistol on the back side of the head of the complainant and another pistol was put on the thigh and said that he will kill him, as well as, his family members.

7.5. Thereafter, the applicant has fired the pistol, which was put on the thigh and the pistol put on the head did not fire. Thereafter, Gurmeet Singh @ Chidu (applicant) and Binder, fled away from the spot, along with three other persons, in a vehicle. As such, a prayer has been made to take action against the applicant.

8. On the basis of the above facts, the FIR, in question, has been registered and the criminal machinery swung into motion.

9. During investigation Forensic Expert Baddi, was requested to inspect the spot, who has visited the spot and made efforts to find out the empty cartridges, but, the same could not be recovered.

10. On 01.07.2024, the motorcycle used by Gurmeet Singh (applicant) was found in village Majri, which was taken into possession. On 02.07.2024, statemen