The presumption of innocence prevails until trial conclusion, and vague police assertions are insufficient to deny bail.

JUDGMENT :

Virender Singh, J.

1. The above-titled bail applications are being disposed of by the common order, as, all the ten bail applications have been filed, in the same FIR, i.e. FIR No. 205 of 2024, dated 17^th November, 2024, registered under Sections 132, 121 and 221 of the Bharatiya Nyaya Sanhita (hereinafter referred to as ‘BNS’), with Police Station West, Shimla, District Shimla, H.P.

2. Apprehending their arrest in the above-noted FIR, these bail applications have been filed by the above-named applicants, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘BNSS’), for passing a direction, in their favour, directing the Investigating Officer/police of Police Station West, District Shimla, H.P., to release them on bail, in the event of their arrest, in the above-noted FIR.

3. According to the applicants, they are innocent persons and have falsely been implicated, in this case, by the police. They have termed the case of the police, as false and frivolous.

4. It is the case of the applicants that the present FIR has been lodged against them purely on false and concocted grounds.

5. The applicants have also given the history of the incident, on the basis of which, the instant FIR has been registered against them.

6. According to the applicants, their custody is not required for any purpose and no fruitful purpose would be served by keeping them in judicial custody, as the very genesis of the case against the applicants is doubtful and imaginary.

7. As per the applicants, they are ready to abide by any condition(s), to be imposed by this Court, in case, any direction is issued to the police/Investigating Officer, under Section 482 of the BNSS.

8. On the basis of the above facts, the applicants have prayed that the bail applications may kindly be allowed.

9. While issuing notice to the State, interim bail was granted to the applicants, with a direction to the Investigating Officer to release them on bail, in the event of their arrest, subject to furnishing personal bonds, with one surety each in the like amount, to the satisfaction of the Investigating Officer.

10. On notice, the police has filed the status report, disclosing therein, that on 17^th November, 2024, statement of Constable Sahil, QRT Police Line Kaithu, District Shimla, recorded under Section 173 of the BNSS was received in the Police Station, disclosing therein that on 16^th November, 2024, he alongwith the other members of QRT was on duty at Ramkrishan Mission Ashram, Komli Bank, Shimla:

10.1. According to him, when they were on duty, the members of Ramkrishan Mission Ashram, their followers and ABVP workers pelted stones upon them, due to which, they sustained injuries and were taken to IGMC Shimla, in the injured condition, for treatment.

10.2. It has further been mentioned in the said statement that he could identify the persons who had pelted stones upon them. According to him, the said persons have obstructed them in the discharge of their public functions, as such, action be taken against them.

10.3. Thereafter, the police machinery swung into motion. The statements of the witnesses were recorded, on the basis of which, FIR No. 205 of 2024 was registered and the investigation of the case was handed over to HC Harish Kumar.

10.4. In the status report, the police has given the history/details of the property in dispute. As per the status report, a Conference of the followers of Brahmo Samaj had been planned to be organized in Kali Bari Temple Hall on 15^th/16^th November, 2024 and members from all over India had come to attend the same.

10.5. It has been mentioned in the complaint that on 16^th November, 2024, a