Pre-trial punishment is prohibited; bail cannot be denied without just cause, especially when custodial interrogation is not required.

JUDGMENT :

(Virender Singh, J.)

The applicant, apprehending his arrest, in case FIR No.48 of 2025, dated 18.02.2025, registered, under Sections 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as ‘BNS’), and Section 28 of the Arms Act, has filed the present application, 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 him on bail, in the event of his arrest.

2. According to the applicant, he is innocent person and has falsely been implicated, in this case, as, he has no role to play, in commission of the alleged crime.

3. It is the case of the applicant that he belongs to a respectable family and is a law abiding citizen. According to him, the allegations levelled against him are false and far away from the truth.

4. The applicant has given certain undertakings, for which, he is ready to abide by, in case, any direction is issued under Section 482 BNSS.

5. The applicant has also tried his luck by moving similar application before the Court of learned Additional Sessions Judge, Nalagarh, District Solan, which was dismissed on 10.04.2025.

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

7. When put to notice, the police has filed the status report, disclosing therein, that on 18.02.2025, the complainant has submitted a complaint to police of Police Station, Nalagarh, disclosing therein, that on 13.02.2025, she has gone to the house Neha wife of Ishaq Ali, at Nangal Chikani, where Rahul (applicant) had threatened her, by showing Pistol with dire consequences.

7.1. The complainant has further disclosed in the complaint that Deep Chaudhary has also told her to abort and take rupees 5-7 lac. According to the complainant, when she refused to abort, he has also threatened her. When she tried to return back, he had stopped her to proceed further, by locking the gate.

7.2. According to the complainant, thereafter, Dilshad has taken her to the room of her friend Pooja and on the way, he has told her that she has messed with the wrong people and they will kill her.

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

8. During investigation, spot map was prepared and statements of the witnesses have been recorded. The applicant, who earlier was absconding, on 15.03.2025, at his own, has joined the investigation, by coming to the Police Station. On that day, when, he was directed to sit in the remand room, he has put his pistol along with licence on the table. Thereafter, on the pretext of attending the phone call, he has left the police station/absconded. His revolver 32” MK-1SAFKANPUR 2004 F7490, along with its licence has been taken into possession.

9. It is the further case of the police that the applicant had filed application, for anticipatory bail, before the Court of learned Additional Sessions Judge, Nalagarh, however, the same was dismissed on 10.04.2025.

10. It has been prayed that neither the applicant is required to be interrogated, nor anything is to be recovered from him or at his instance.

11. After perusing the status report, interim protection was granted to the applicant on 11.04.2025 and the case was adjourned for today i.e. 28.04.2025.

12. Today, similar status report has been filed, by stating that neither the applicant is required to be interrogated, nor anything is to be recovered from him.

13. In the status reports, a specific stand has been taken by the police that neither the applicant is required to be interrogated, nor anything is to be recovered from him. The weapon of offence allegedly used, in the crime, has already been taken into possession, by the police. The statements of the witnesses have also been recorded.

14. When the Police has not made any prayer for custodial interrogation of the applicant, as such, there is no l