The presumption of innocence applies until proven guilty, and pre-trial punishment is prohibited under law.

JUDGMENT :

Virender Singh, J.

1. Applicant-Maninder Kumar has filed the present bail application, under Section 482 of theBharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘BNSS’) on the ground that he is apprehending his arrest, in Case FIR No. 3 of 2025, dated 15^th January, 2025, registered under Sections 64(2), 69, 352 and 324 of the Bharatiya Nyaya Sanhita (hereinafter referred to as ‘BNS’), with Police Station Janjehali, Tehsil Thunag, District Mandi, H.P.

2. By way of the present applicant, the applicant has sought the indulgence of this Court, to direct the Investigating Officer/police of Police Station Janjehali, to release him on bail, in the event of his arrest, in the above-noted case.

3. The relief, as claimed in the application, has been sought on the ground that the police is pressing hard by calling him to the Police Station in connection with the complaint, made by the complainant, in this case.

4. According to the applicant, the said case has falsely been registered against him and he has nothing to do with the allegations, as levelled against him.

5. As per the applicant, he is being blackmailed by the complainant, in this case.

6. The relief has also been sought on the ground that he is a respectable person and having deep roots in the society.

7. On the basis of the above facts, Mr. Ashok Kumar Tyagi, learned counsel appearing for the applicant, has given certain undertakings, for which, the applicant is ready to abide by, in case, any direction is issued to the police/Investigating Officer, under Section482 of the BNSS.

8. On the basis of the above facts, the applicant has prayed that the bail application may kindly be allowed.

9. On 16^th January, 2025, after issuing notice to the State, interim protection was granted to the applicant and the matter was adjourned for today, for filing the status report.

10. Today, the police has filed the status report, disclosing therein, that on 15^th January, 2025, the prosecutrix produced a complaint before the police, mentioning therein, that she has been raped by the applicant.

10.1. According to the complainant, in the month of January, 2023, the applicant came to her house during the night hours. At that time, he was having some soft drink with him. The husband of the prosecutrix was not present there. Thereafter, the applicant offered her to take the said soft drink, in which, according to the complainant, he had mixed some intoxicated substance, due to which, the prosecutrix came under the influence of intoxication and the applicant had raped her. The applicant is also stated to have recorded her obscene video.

10.2. It has been mentioned in the said complaint, that thereafter, the applicant started threatening the complainant to make the said video viral. She has alleged that on the basis of the said video, the applicant used to rape her.

10.3. According to the complainant, the applicant had promised to marry and maintain her, but, now neither he is marrying her, nor, paying any maintenance to her.

10.4. It has further been alleged in the complaint, that on 10^th January, 2025, the applicant again came to her residence and a scuffle took place between them and the applicant allegedly destroyed her phone.

10.5. On the basis of the said facts, the complainant had prayed that action be taken against the applicant.

10.6. Upon this, the police registered the case under Section 64 (2), 69, 352 and 324 (4) of the BNS, against the applicant and the criminal machinery swung into motion.

10.7. As per the status report, the complainant had mentioned, in her complaint, that she was raped by the applicant lastly in March, 2024, as such, she does not want to get herself medico-legally examined. Later on, the police added Section 351 (2) of the BNS and the prosecutrix was taken to Civil Hospital, Janjehali, for her medico-legal examination, where, she has refused to undergo medico-legal examination.

10.8. It has been mentioned in the status report that on 16^th January, 2025, the state