Pre-trial incarceration is not the norm; individuals are presumed innocent until proven guilty, and bail should secure attendance at trial without punitive measures.

JUDGMENT :

(Bipin Chander Negi, J.)

The bail petitions, in the case at hand, are being taken up together, as they are arising out from the common FIR. The incident in the case at hand is dated 04.12.2024.

2. Heard counsel for the parties. Perused the status report. Copy whereof, has also been supplied to learned counsel appearing on behalf of the petitioners.

3. From a perusal of the record, it is evident that one Sh. Hemraj through Lakhwinder Singh @ Lakha (bail petitioner in Cr. MP(M) No.369 of 2025) had been granted a contract for lifting of scrap from Synergy Company situate in Bir Palasi (Baddi). For lifting of the scrap from the concerned Nalagarh Union, a truck bearing No.HP-12Q-3844 had been engaged on 03.12.2024. The said truck had reached the Synergy Company for lifting of scrap on 04.12.2024.

4. Insofar as, the contract for lifting scrap is concerned, previously the same qua Synergy Company was held by one Yusuf. From the record, it appears that when the truck sent by Hemraj for lifting scrap reached the Synergy Company, Robin, Sukhwinder @ Kala had stopped the associates of Hemraj, who were legally authorized to lift the scrap, as a consequence whereof a scuffle ensued.

5. Subsequent to the aforesaid, alleged scuffle at the premises of Synergy Company, as per the version of the prosecution, the present bail petitioners along with six others, out of which three are absconding, had given beatings to Jaspreet, Lakhwinder Singh, Dilbagh, Yusuf, Dharampal, Hardev and Jhujjar Singh at another place on the same day. The aforesaid individuals were brought to the hospital by Pawan Kumar at whose behest the FIR, in the case at hand, was registered. Nature of injuries i.e. on four individuals are blunt grievous, on four other individuals are simple and insofar as one is concerned, it has yet to be determined.

6. The investigation, in the case at hand, is complete and post completion of investigation, challan in case at hand has been filed before the concerned Court in the month of January, 2025 w.r.t. the present bail petitioners.

7. In coming to the determination that whether the party, if admitted to bail, would appear to take trial, three elements need to be kept in mind, namely the charge, the nature of evidence by which it is supported and the punishment to which the party would be liable, if convicted. At the time of deciding a bail application, a detailed discussion of evidence, so collected and produced by the prosecution is to be avoided as it may cause prejudice either to the case of the prosecution or to the case of the bail petitioner. As already stated supra, the investigation, in the case at hand, is complete. No further recoveries are to be affected from the petitioners.

8. Trial is going to take time for its conclusion. Pre-trial incarceration is not the rule. No past criminal history has been attributed to the present bail petitioners. Further detention of the accused would not serve any fruitful purpose, rather would prove pre-judicial to the rights of the petitioners.

9. Punishment begins after conviction. Every man is deemed to be innocent until duly tried and duly found guilty. The consequences of pre-trial incarceration are grave. A person presumed innocent is subjected to psychological and physical deprivations of jail. Further, a jailed individual is prevented from contributing to the preparation of his defence.

10. The object of bail is to secure the attendance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventive.

11. The respondent/State in the status report filed have not expressed any apprehension regarding the petitioners fleeing from the course of justice and adversely affecting the trial by intimidating the witnesses. In this regard, suffice it to state that the petitioners can be put to terms for the purpose of safe, secure and unobstructed completion of trial.

12. Hence, after going through the material available on record and considering th