The court granted bail emphasizing personal liberty and the absence of incriminating evidence, while imposing conditions to ensure trial attendance and prevent interference.

JUDGMENT :

Bipin Chander Negi, J.

1. Mr. Ajay Thakur, learned counsel has put in appearance on behalf of the victim and has also filed power of attorney today itself in the Court.The present bail petition has been filed under Section 483 of the BNSS for grant of bail, in FIR No.52 of 2024, dated 16.08.2024, registered at Police Station, Shillai, District Sirmour, H.P., under Sections 64(1) of BNS 2023.

2. I have heard learned counsel for the parties. Perused the record and the status report.

3. The alleged incident in the case at hand is stated to have occurred at around 12.30 P.M on 14.08.2024. At that particular point of time, the victim had gone to the Jungle adjacent to the Village for the purpose of grazing her cattle. The victim is aged about 40 years. She is married. The bail petitioner is also married and is aged about 29 years. Both the bail petitioner and the victim belonged to the same Village.

4. The report qua the alleged incident was made on 16.08.2024. In the medical examination conducted qua the victim and the bail petitioner, no incriminating findings have been reported qua the bail petitioner. Similarly in the forensic report also, nothing adverse insofar the bail petitioner is concerned, has been brought forthwith.

5. Investigation in the case at hand is complete. Challan stands filed on 15^th October, 2024. Custodial interrogation of the bail petitioner in the case at hand is not required as nothing has to be recovered from the bail petitioner. No useful purpose would be served by keeping the bail petitioner in custody as he has been languishing in custody since 17.08.2024. The trial is now fixed for 19^th March, 2025. The same is now listed for consideration on charge.

6. 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. The burden of his detention falls heavily on the innocent members of his family. In the case at hand, the bail petitioner is the sole bread earner and he has minor children to take care off.

7. Personal liberty is a very precious fundamental right. The same is to be curtailed only when it becomes imperative, according to the peculiar facts and circumstances of each case.

8. 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 preventative. As per the status report, bail petitioner is stated to be a resident of Village Chench Matyana, Tehsil Kamroo, District Sirmaur H.P. In order to ensure his presence at trial stringent condition can be imposed while granting bail.

9. Nothing unfavourable has been stated in the status report qua the social circumstances of the petitioner whereby it can be made out that the petitioner is likely to betray the confidence, that the Court may place in him to turn out to take justice at the hands of the Court.

10. Hence, after going through the material available on record and considering the overall facts and circumstances of the case, this Court finds that the present is a fit case where judicial discretion to admit the petitioner on bail is required to be exercised in his favour. Accordingly, the bail application is allowed and it is ordered that the petitioner, who has been arrested by the police, in case FIR No.52 of 2024, dated 16.08.2024, registered at Police Station , Shillai, District Sirmour, H.P. under Sections 64(1) of BNS 2023, shall be forthwith released on bail, subject to his furnishing personal bond to the tune of Rs.50,000/- (fifty thousand) with one local surety in the like amount, to the satisfaction of learned trial Court. This bail order is subject, however, to the following conditions:-

(i) Petitioner shall attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate applicati