Bail cannot be denied as punishment; completion of investigation and similar treatment of co-accused warrant granting bail with conditions.

JUDGMENT :

(Virender Singh, J.)

The present bail application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (hereinafter referred to as ‘the B.N.S.S.’) in case FIR No. 87 of 2024, dated 25.9.2024, registered under Sections 109 (1), 126(2), 191(2), 191(3), 190, 238, 115(2) & 117(2) of Bhartiya Nyaya Sanhita (hereinafter referred to as ‘the BNS”) and Section 25-54-1959 of the Arms Act , with Police Station, Kot Kehloor, District Bilaspur, H.P.

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

3. According to him, he is respectable person and has no concern, whatsoever, with the case registered against him.

4. According to the applicant, investigation in the present case, is complete and nothing has to be recovered from him or at his instance.

5. In addition to this, the applicant, through his counsel, has undertaken to abide by the conditions to be imposed by this Court, in case ordered to be released on bail.

6. Applicant has tried his luck by moving bail application, before the learned Additional Sessions Judge, Ghumarwin, District Bilaspur, H.P., however, the same was dismissed on 27.3.2025.

7. On the basis of above facts, a prayer has been made to release the applicant, during pendency of the trial.

8. When, put to notice, Police has filed the status report, disclosing therein, that on 24.9.2024, at about 8:23 p.m., Rajesh Kumar, complainant has informed the Police of Police Station, Kot Kehloor, through telephone that Happy, Goldy etc. are quarreling with him and have beaten him, upon which, Sub Inspector Madan Mohan, alongwith other Police Officials, reached at Bus Stand Behal to verify the facts, where Rajesh Kumar and Rakesh Kumar met them in injured condition, who has disclosed that accused persons had fired upon them, and Rakesh Kumar suffered bullet injury on his back, upon which, both the injured were taken to AIIMS Bilaspur, where Medical Officer has declared Rajesh Kumar fit to make statement.

8.1 Consequently, his statement under Section 173 of BNSS was recorded, who has got recorded that he is running an electrician shop in Kehloor Bazar. His brother is stated to be working as Operator with a Contractor, working for the construction of Railway Tunnel.

8.2 On 24.9.2024, at about 7:30 p.m., complainant was waiting for his brother Gurnam Singh near Banyan tree. After sometime, Goldy, S/o Prem, alongwith some unknown person, came there and inquired from the complainant as to why he was standing there, upon which, the complainant had disclosed that he is waiting for his brother, upon which, they stated that this is not the occasion to stand there. The complainant again disclosed them that he is waiting for his brother, upon which, Sonu (applicant) slapped him. Thereafter, all the four persons started beating him with fist blows, upon which, the complainant fell down and sustained injuries, on the right side on his forehead. Thereafter, they fled away from the spot.

8.3 Thereafter, the complainant had gone to his uncle’s house at Behal. On the way, he met Rakesh Kumar, Ravinder Kumar, Lakhwinder Singh and Shubham Kumar, all residents of Village Behal. The complainant had apprised them about the incident, which had taken place. Then, at about 9 p.m., cousin of the complainant, namely, Shubham, Lakhwinder, Ravinder and Rakesh Kumar, came to Behal Bus stand. In the meanwhile, Goldy, Happy, Sonu (applicant) and the aforesaid unknown person, alongwith other boys came there and attacked the complainant. Happy S/o Desh Raj, all of a sudden, had taken out the fire arm and started firing upon the complainant. In order to save themselves, complainant and his cousin started moving here and there. Happy had fired three fire rounds, out of which, one gunshot hit Rakesh Kumar on the right side of the back. Rakesh Kumar was taken to AIIMS for treatment. Thereafter, all the five persons, alongwith the aforesaid unknown person, are stated to have fled away