The presumption of innocence applies, and interim bail is warranted when the investigation is complete and no custodial interrogation is required.

JUDGMENT :

Virender Singh, J.

The above named applicants, who have been named as accused, in FIR No.372/2024, dated 16.12.2024, registered under Sections 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘the SC & ST Act’), with Police Station, Nalagarh, District Solan, H.P., have filed the present application, under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), to surrender themselves to the custody of the Court and sought the bail during the pendency of the trial.

2. When the applicants have surrendered to the custody of the Court, notices were issued to the Police and they were ordered to be released on interim bail.

3. According to the applicants, they have falsely been implicated in this case, as they have nothing to do with the alleged offence, for which, they have been named, as accused, in this case.

4. The applicants, have given certain undertakings, for which, they are ready to abide by, in case, they were ordered to be released, on bail, during the pendency of the trial.

5. On all these submissions, a prayer has been made to allow the application.

6. When put to notice, the police has filed the status report, disclosing therein that complainant Joga Singh has put the criminal machinery into motion by disclosing that he is resident of the address as mentioned in the complaint.

6.1. According to the complainant, on 9.11.2024, there was ‘Prabhat Feri’ on the occasion of ‘Guru Purv’ of Shri Guru Nanak Devji. The said ‘Prabhat Feri’ had started at 5.30 a.m. and after crossing the entire village, the same culminated. When, the said ‘Prabhat Feri’ reached near his house, then, for the welcome of the members of the ‘Prabhat Feri’, fire-work was done by the complainant.

6.2. When, the ‘Prabhat Feri’ crossed from there, the applicants had raised their objections and started shouting and they had uttered the words ‘tum log neech jaati ke ho, chamar julahe ho, kutte chamar ho, tum sab haram ke julahe ho, tum bagad kut ho’. According to the complainant, due to those caste based aspersions, their caste has been lower down in the estimation of general public.

6.3. Thereafter, according to the complainant, applicant Vishal Sharma, along with pistol, had also threatened the complainant party to see them. However, both the applicants on 9.11.2024, at about 7.30 a.m., had gone to the house of his elder brother and felt sorry. The house of the brother of the complainant is stated to be situated at about 200 meters. His brother had called him and said that they will feel sorry, and he has requested not to take any action.

6.4. Thereafter, on 16.12.2024, husband of applicant Pooja had also threatened the complainant not to spare him and also gazed at him. However, the complainant remained silent to avoid the quarrel. As such, he has requested that action be taken against them.

7. Thereafter, the police registered the FIR, in question, and the criminal machinery swung into motion.

8. During investigation, the statement of the complainant was recorded. Thereafter, Section 351(2) of BNS, was added in the FIR. Investigation is also stated to be completed and police has submitted the charge sheet.

9. Heard.

10. There is no request, in the status report, which has been filed today that the custodial interrogation of the applicants is required by the Police.

11. Moreover, the investigation, in the present case, is complete, as the police has submitted the charge-sheet against the applicant, before the Court of learned Additional Sessions Judge, Nalagarh.

12. Out of two cases, which were found to have been registered against applicant Vishal Sharma, one, under Sections 498-A and 406 of the IPC and the other, under Section 380 of the IPC and Section 25 of the Arms Act, admittedly, in both the cases, he has not been convicted by the competent Court of law, as such, presumption of innocence is still available to him.

13. Dismissal of the applicat