The presumption of innocence allows for interim bail confirmation when the applicant cooperates with the investigation and no prior criminal record exists.

JUDGMENT :

Virender Singh, J.

1. Applicant-Gurbinder Singh @ Sunny, apprehending his arrest, in FIR No.86/2024, dated 10.06.2024, registered under Sections 323, 504, 506, 382, 307, read with Section 34 of the Indian Penal Code (hereinafter referred to as ‘the IPC’), with Police Station, Kala Amb, District Sirmaur, H.P., has filed the presentapplication, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’).

2. By way of the present application a prayer has been made to direct the police of Police Station, Kala Amb, to release the applicant on bail, in the event of his arrest in the above said case.

3. According to the applicant, he has falsely been implicated, in this case with the ulterior motive.

4. As per the applicant, he is innocent person and has nothing to do with the offences, for which, he has been named as accused, in the FIR, in question.

5. Highlighting the medical evidence allegedly collected by the police, during investigation, it has been submitted in the application that no case under Section307 IPC is made out against the applicant.

6. According to the applicant, the CCTV footage collected by the police to connect the applicant with the crime in question, is not admissible.

7. The applicant, has given certain undertakings, for which, he is ready to abide by, in case, any direction is issued to the Police/Investigating Officer, under Section482 of the BNSS.

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

9. When put to notice, the police has filed the status report, disclosing therein that on 10.06.2024, on public helpline number 108, an information was received with regard to a quarrel having taken place at Ambwala Sainwala, upon which, ASI Islam Mohammad, along with other police official, reached on the spot.

9.1. On the spot, the I.O., came to know about the fact that injured Deen Mohammad had been taken to Government Hospital, Nahan for treatment. Thereafter, the police party reached at Government Hospital Nahan, where injured Deen Mohammad was found admitted for treatment.

9.2. Thereafter, the medico-legal examination of the injured was got conducted and Medico-Legal Certificate was obtained. The opinion of the Doctor was obtained.

9.3. As per the status report, statement, under Section 154 Cr.PC, of injured Deen Mohammad has been recorded, in which, he has disclosed that he is running a straw depot at lower Ambwala. On 10.06.2024, at about 12.00 in the midnight, one Bolero Camper vehicle was overturned near Mango Valley Dhaba. 5-6 persons were there in the said vehicle, who had requested him to provide the mobile number of hydrolic machine. Thereafter, he has disclosed them that his brother-in-law (Sala) is having the mobile number, but, he is not picking up his phone.

9.4. When, the injured came back to his straw depot, then, the persons, who were there, in the Bolero Camper came there, having sticks, in their hands, and attacked him. They had beaten the complainant and also threatened him to kill. Due to the beating, the injured sustained injuries all over his body.

9.5. According to the complainant, he could identify those persons, if produced before him. He has also pointed out that CCTV has been installed in his depot and footage can be obtained.

9.6. Lastly, the applicant has got recorded in his statement that he was having Rs.1,00,000/- in his pocket, which has also been snatched by those persons.

9.7. On the basis of the above facts, the FIR in question, has been registered and the criminal machinery swung into motion.

10. During investigation, CCTV footage was also taken into possession. The doctor was also requested to give final opinion on the X-ray report and CT Scan report, upon which, the doctors have given the following opinion:-

"According to X-ray report received Linear fracture was seen on Lt. ulna so injury was Grievous in nature. According to CT Scan report grously normal study for brain parenchyma. However, there were 4 lacera