The presumption of innocence must be upheld, and anticipatory bail cannot be denied as a form of punishment, with reasonable conditions imposed to address police concerns.

JUDGMENT :

(Virender Singh, J.)

Apprehending his arrest, in case FIR No.04 of 2025 dated 19.01.2025, (hereinafter referred to as the ‘FIR in issue’), registered under Sections 126(2), 115(2), 351(2), 352, 109, 324(4), 238 and 118(2) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘BNS’), with Police Station Ramshehar, District Solan, H.P., the applicant has filed the present application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’).

2. By way of the present application, the applicant has sought the indulgence of this Court to direct the I.O/police of Police Station Ramshehar, to release him, on bail, in the event of his arrest, in the above-mentioned case/FIR.

3. According to the applicant, he has falsely been implicated, in this case, on the distorted facts. No incident, according to him, had allegedly taken place, at any point of time.

4. As per applicant, Section 109 of BNS is stated to have been added by the investigating agency, just to curtail the liberty to the applicant.

5. According to the applicant, he had earlier tried his luck by moving similar application, before the Court of learned Additional Sessions Judge, Nalagarh, District Solan, Himachal Pradesh (hereinafter referred to as the ‘trial Court’). However, the same was dismissed vide order dated 19.02.2025.

6. It is the case of the applicant that apart from the present case, there are two other cases, registered against him, out of which, FIR No.54/2011, registered under Sections 341, 323, 34 of IPC, with Police Station Ramshehar, was compromised, before the Gram Panchayat, Ramshehar and the other FIR No.42/2019, registered under Sections 355, 323, 341, 504 and 506 of IPC, with Police Station Ramshehar, is pending adjudication, before the Court of learned Judicial Magistrate First Class, Nalagarh.

7. On the basis of above facts, certain undertakings have been given, on behalf of applicant, for which, the applicant is ready to abide by, in case, any direction is issued to the police/I.O., in this case.

8. When, put to notice, the police has filed the status report disclosing therein, that on 18.01.2025, an intimation was received in the Police Station and thereafter, the Investigating Officer, in order to ascertain the said information, had reached at the spot, where, Harish Kumar (complainant) was found in injured condition. He was sent to hospital for his medico legal examination.

9. It is the case of the police that when, the doctor declared the complainant fit for making statement, he has made the statement, disclosing therein that he is a transporter by profession. On 18.01.2025, he had gone to Nalagarh in connection with his work. On the evening of the same day, he was returning back on his motorcycle, bearing registration No.HP12-B-1179. At about 09:00 pm, when, he reached near Shivalik Public School, then, from the opposite side, a black coloured Thar, being driven by its driver, came there and its driver intentionally hit the motorcycle with his Thar. Consequently, the complainant fell down. Thereafter, driver Suraj (applicant) alighted down from the Thar and attacked upon the complainant with sharp-edged khukhri (weapon) and has inflicted injuries to the complainant.

10. According to the complainant, two injuries were inflicted on the right leg and one injury was inflicted on the left leg. On screaming, applicant, after abusing and threatening to finish him, had left the spot, towards Ramshehar in his Thar. On hearing the screaming, Vikram Singh, Sunil Sharma and Satpal Singh reached there, who, with the help of Ambulance, took the injured to Civil Hospital, Nalagarh. As such, he has prayed that the action be taken against the applicant.

11. As per the status report, on 19.01.2025, at the instance of witnesses, spot was visited and spot map was prepared. The damaged motorcycle, bearing registration No.HP12-B-1179, was taken into police possession. The statements of the witnesses were reco