The presumption of innocence is fundamental in criminal law, and bail should be granted unless there is substantial evidence of guilt.

JUDGMENT :

Sandeep Sharma, J.

Sequel to order dated 11.04.2025, whereby petitioner was ordered to be enlarged on interim bail in FIR No. 0042 dated 11.03.2025 under Sections 115 (2), 191(2), 191(3), 109 and 190 of BNS, registered at PS Shimla West, District Shimla, HP, respondent-State has filed status report prepared on the basis of the investigation carried out by the Investigating Agency and ASI Bharat Bhushan has come present with record.

2. Close scrutiny of status report reveals that pursuant to order dated 11.04.2025, petitioner herein has joined investigation and at this stage, nothing remains to be recovered from her. Though, Mr. Rajan Kahol, learned Additional Advocate General, attempted to argue that petitioner is accused of heinous crime punishable under Section 109 of BNS, but he was unable to dispute that co- accused in similar facts and circumstances already stands enlarged on bail. Otherwise also, careful perusal of FIR, detailed hereinabove, reveals that complainant Yograj lodged a complaint on 11.03.2025 that while he along with his friends was having tea in eatery, 30-40 students belonging to Akhil Bharatiya Vidyarthi Parishad came on the spot carrying weapons. He further alleged that firstly afore persons threw stones and thereafter, also attacked him as well as his friends with sharp edged weapons, as a result thereof, person namely Sanju suffered serious injuries. Though in view of afore statement made by the complainant, FIR, detailed hereinabove, came to be lodged against 32 persons including petitioner, however, bare reading of FIR in its entirety, nowhere suggests that petitioner herein caused injury to a person namely Sanju, who allegedly suffered grievous injuries in the incident. Though contents of FIR show presence of the petitioner on the spot, but admittedly same is silent with regard to injury, if any, inflicted by the petitioner on the person namely Sanju. Role, if any, played by the petitioner in the alleged incident is yet to be established by the prosecution by leading cogent and convincing evidence and as such, this Court sees no reason for custodial interrogation of the petitioner, especially when, other co-accused already stand enlarged on bail.

4. By now it is well settled that freedom of an individual is of utmost importance and cannot be curtailed for indefinite period. Till the time guilt of accused is not proved, in accordance with law, he is deemed to be innocent. In the case at hand, the guilt, if any, of the bail petitioner is yet to be proved, in accordance with law.

5. 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 categorically held that freedom of an individual is of utmost importance and same cannot be curtailed merely on the basis of suspicion. Hon’ble Apex Court has further held that till the time guilt of accused is not proved, in accordance with law, he is deemed to be innocent. The relevant paras No.2 to 5 of the judgment are reproduced 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.

3. There is no doubt that the grant or denial of bail is entirely the discretion of