The court emphasized that pre-trial detention is prohibited under law, affirming the presumption of innocence and the need for a fair trial.

JUDGMENT :

Virender Singh, J.

1. By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), applicant-Abhishek Sahani has sought his release, on bail, during the pendency of the trial, in case FIR No.17 of 2025, dated 19.02.2025, registered under Sections 326(g), 115(2), 3(5) and 109 of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’), with Police Station Manpura, District Solan, H.P.

2. According to the applicant, he has falsely been implicated, in the present case, which has been registered on the statement of Ms. Asha Kumari (complainant).

3. As per the applicant, he was arrested by the police on 25.02.2025 and presently, he is in judicial custody.

4. It is the case of the applicant that nothing is to be recovered from him, or at his instance. According to him, investigation, in the present case, is complete and charge-sheet has been filed in the competent Court of law.

5. It has been averred in the application that the applicant has been implicated, in this case, on the basis of the statement, made by the main accused i.e. the child in conflict with law (CCL).

6. The applicant has pleaded that he is a young boy of 19 years and a sole bread-earner of his family and according to him, no useful purpose would be served by keeping him in the judicial custody, as, the chances of commencement and conclusion of trial against him, in near future, are not so bright.

7. According to the applicant, he had earlier tried his luck by moving similar application, before the Court of learned Additional Sessions Judge, Nalagarh, District Solan, Himachal Pradesh. However, the same was dismissed vide order dated 16.04.2025.

8. Apart from this, Mr. Prikshit Rathore, Advocate, appearing 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, during the pendency of the trial.

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

10. When, put to notice, the police has filed the status report, disclosing therein, that complainant-Asha Kumari got recorded her statement, under Section 173 of BNSS, before the police, mentioning therein, that she is the resident of the address, as mentioned in the statement, and residing in jhuggi at Village Ankawali. She is working with Amande Company, Boodh Barrier. She used to go to the company on foot:

10.1. As per the complainant, on 18.02.2025, after attending her duties, at about 05:15 pm, she was on her way to jhuggi. On the way, CCL (name withheld) met her and a verbal altercation took place between the two, upon which, CCL (name withheld) threatened her to set her jhuggi ablaze. At about 10:15 pm, on that night, when, the complainant was taking rest in her jhuggi, then, she noticed that fire has taken place in the jhuggi and when, she came out, she noticed CCL (name withheld) was fleeing away from there.

10.2. Thereafter, complainant made efforts to douse the fire and in that process, she sustained burn injuries over her hands. Subsequently, the fire also engulfed the adjoining jhuggis. In the said incident of fire, one small girl Sandhaya also sustained injuries. She has named the CCL (name withheld), as the person, who set the jhuggi ablaze, which resulted into turning 10 jhuggis into ashes. As such, she has requested that action be taken against the CCL (name withheld).

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

10.4. Thereafter, spot was visited by the forensic experts. Physical evidence, so collected, was taken into possession.

10.5. Search was made for the CCL (name withheld) and after some time, he was found, along with his mother, in a jhuggi at Bhood Barrier. The age of CCL (name withheld) was disclosed by her mother as 16 years. As such, in the presence of his family members, enquiry was