Pre-trial punishment is prohibited; bail cannot be denied as punishment, and presumption of innocence must be upheld.

JUDGMENT :

(Virender Singh, J.)

The applicants, apprehending their arrest, in case FIR No.47 of 2025, dated 18.02.2025, registered, under Sections 126(2), 115(2), 118(2), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as ‘BNS’), have filed the above titled applications, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), with a prayer to direct the Police/Investigating Officer of Police Station Nalagarh, District Solan, H.P., to release them on bail, in the event of their arrest.

2. According to the applicants, they are innocent persons and have falsely been implicated, in this case. According to them, they have not committed the offence as alleged.

3. Apart from this, the applicants have also put forward their clean antecedents to seek the relief, as prayed for.

4. The applicants have given certain undertakings, for which, they are ready to abide by, in case, any direction is issued under Section 482 BNSS.

5. On the basis of the above facts, a prayer has been made to allow the applications.

6. When put to notice, the police has filed the status report, disclosing therein, that on 18.02.2025, from CHC, Nalagarh, a telephonic information was received in Police Station, Nalagarh, disclosing therein that one person, who had sustained injuries in a quarrel, taken place at Pirsthan, had been brought to Hospital for treatment and a request was made to the police to send someone. Thereafter, the Police visited the Hospital, where, a person namely Shyam Lal, was taken for treatment.

6.1. Thereafter, his medico-legal examination was conducted by the doctor and the doctor has declared the injuries on the person of Shyam Lal as sharp. Thereafter, in the Hospital itself Shyam Lal got recorded his statement under Section 173 of the BNSS, wherein, he had disclosed that he is resident of the address, as mentioned in the complaint and is driver by profession.

6.2. According to the complainant, on 18.2.2025, at about 2.00 p.m., his cousin Shareefdeen, telephonically, informed him that his driver Abdul has been beaten by Preet and his companion at Pick-up Union Pirsthan, upon which, complainant assured his cousin that he will come there and discuss the matter. At that time, he was at Bharatgarh. He had parked his vehicle and thereafter, he had gone at Pirsthan over motorcycle PB-20E4086.

6.3. Thereafter, the complainant had gone to union President, Pirsthan and inquired from him, as to who had beaten the driver of his cousin, upon which, he had disclosed that no incident had taken place in his presence. But, according to him, the persons, who had beaten the driver of his cousin, were sitting in Pick-up No.HP-12M- 3517.

6.4. When, the complainant had gone to inquire the said persons; namely Preet and his companion, sitting in the Pick-up, then, they got furious and had taken out their swords. When the complainant tried to flee away, then, both of them came out of the pick-up and accused Preet had inflicted a blow on his head with the help of sword, whereas, the other boy had also inflicted blow on his head. 6.4. Thereafter, both the said assailants fled away from the spot and threatened to kill him. The complainant also prayed that action be taken against the said persons.

6.5. On the basis of the above facts, the police registered the FIR, in question and criminal machinery swung into motion.

7. Thereafter, CT Scan of the injured was done at Regional Hospital, Solan. Spot was visited on 24.02.2025. Final opinion, from the Medical Officer, CHC Nalagarh, on the MLC of injured was obtained, upon which, the Medical Officer has described the injuries on the persons of the injured as grievous sharp. As such, Section 118(1) of BNS was deleted and Section 118(2) of BNS was added. Blood stained clothes of the complainant were taken into possession and statements of the witnesses were recorded under Section 180 of BNSS.

8. It is the further case of the police that both the accused person