Bail applications cannot be dismissed as pre-trial punishment; applicants are presumed innocent until trial concludes.

JUDGMENT :

Virender Singh, J.

1. This order of mine shall dispose of the present bail applications, which have been filed by the applicants, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) in case FIR No. 21 of 2025, dated 20.3.2025, registered under Sections 326 (a), 303 (2), 352, 190, 191 (2), 351 (3) of the Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the BNS’), Sections and Section 3(1)(s) of Schedule Castes and Schedule Tribes Act (hereinafter referred to as ‘the SC & ST Act’), with Police Station, Rajgarh, District Sirmour, H.P., by surrendering themselves to the custody of the Court, on 1.5.2025.

2. By surrendering themselves to the custody of the Court, they have sought their release on bail, in the aforesaid FIR.

3. According to the applicants, they are innocent persons and have falsely been implicated in the present case.

3.1 According to the applicants, they are ready to abide by any conditions to be imposed by this Court, in case, ordered to be released on bail.

4. The applicants have given certain undertakings, through their counsel, for which, they are ready to abide by, in case, relief is granted to them.

5. When, put to notice, the Police filed status report, disclosing therein that on 3.12.2024, complainant Jagat Ram made a report to the Police Station, Rajgarh, disclosing therein that as per the order dated 3.12.2024, passed by the Court of learned Additional Sessions Judge, Sirmour at Nahan, complainant Jagat Ram was permitted to lay water pipe from the water source, and the case was ordered to be listed on 23.3.2025 before the Court of learned JMFC, Rajgarh, District Sirmour, H.P.

5.1 Thereafter, the complainant on 17.3.2025, laid 50 feet water pipe to get the water facility. On 19.3.2025, 13 persons of village Bhanat, namely, Arun Kumar S/o Lachhmi Nand, Rajinder S/o Het Ram, Ranbir Singh S/o Gopi Ram, Kailash S/o Pratap Singh, Ranjot, Subhash S/o Shiv Ram, Pramod S/o Vedvyas, Albel Singh S/o Ghanu Ram, Kush S/o Kaku Ram and Narender S/o Ramanand damaged the pipe and took the same to their village. When, the complainant called the persons, who were taking away the pipes, they abused him and applicants Arun Kumar, Rajender, Yajuvender and Avinash told the complainant that they shall not permit him to carry the pipe and also uttered the words, “Tu koli sar par chadha hua hai, tujhe hum batayenge”.

5.2 On the basis of above facts, the Police registered the FIR in question.

5.3 Thereafter, the investigation of the case was entrusted to the SDPO, Sirmour, H.P. Subsequently, the I.O. visited the spot in the presence of the complainant and spot map was prepared. Photography and videography was conducted on the spot. The statements of the witnesses were recorded, under Section 180 BNSS.

5.4 Thereafter, requisite correspondence was made to obtain caste certificate, pedigree table and notification specifying the castes.

5.5 On 24.3.2025, the complainant produced the copy of order dated 3.12.2024, passed by the Court of learned Additional Sessions Judge, Sirmour at Nahan. In the status report, operative portion of the judgment has also been reproduced, which reads as under:

"In view of my finding on Point No. 1 above, the instant appeal succeeds and the impugned order dated 01.02.2024 passed in civil Misc. Application No 232/2023 is modified to the following extent that the respondents are hereby restrained from interfering/removing an any manner the water pipe line installed by the applicant/plaintiff from the said water source over the land comprised in Khasra No 215/2, which is part of Khasra No 215 situated in revenue village Bhanat, Tehsil Rajgarh, District Sirmaur, HP either by themselves or through their agents etc. till final disposal of the main suit. It is however made clear that the observations made herein above are solely for the disposal of this appeal and shall not be construed as an expression of opinion on the merits on the main suits. The record of the