The presumption of innocence prevails in bail applications, and vague police assertions are insufficient to deny bail; reasonable conditions may be imposed to address concerns.

JUDGMENT :

Virender Singh, J.

The above-titled bail applications are being disposed of by the common order, as, all the five bail applications have been filed, in the same FIR, i.e. FIR No. 204 of 2024, dated 17^th November, 2024, registered under Sections 298, 194 (2), 191 (2), 191 (3), 190, 115 (2), 324 (4), 352, 351 (2), 196 (2), 117 (2), 118 (1), 118 (2), 132 and 121 (1) of the Bharatiya Nyaya Sanhita(hereinafter referred to as ‘BNS’), with Police Station West, Shimla, District Shimla, H.P.

2. Apprehending their arrest in the above-noted FIR, these bail applications have been filed by the above-named applicants, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘BNSS’), for passing a direction, in their favour, directing the Investigating Officer/police of Police Station West, District Shimla, H.P., to release them on bail, in the event of their arrest, in the above-noted FIR.

3. According to the applicants, they are innocent persons and have falsely been implicated, in this case, by the police. They have termed the case of the police, as false and frivolous.

4. The applicants have also given the history of the litigation, regarding the property in dispute. According to the applicants, their custody is not required for any purpose and no fruitful purpose would be served by keeping them in judicial custody, as the very genesis of the case against the applicants is doubtful and imaginary.

5. As per the applicants, they are ready to abide by any condition(s), to be imposed by this Court, in case, any direction is issued to the police/Investigating Officer, under Section 482 of the BNSS.

6. On the basis of the above facts, the applicants have prayed that the bail applications may kindly be allowed.

7. While issuing notice to the State, interim bail was granted to the applicants, with a direction to the Investigating Officer to release them on bail, in the event of their arrest, subject to furnishing personal bonds, with one surety each in the like amount, to the satisfaction of the arresting Police Officer / Investigating Officer.

8. On notice, the police has filed the status report, disclosing therein, that on 17^th November, 2024, Constable Puran Chand, No. 428, 3^rd IRBn Pandoh, who has been deputed on Guard duty at Ramkrishan Mission, Komli Bank, Shimla, submitted a complaint, mentioning therein that he, alongwith other police official, was posted on guard duty in Ramkrishan Mission Ashram, Komli Bank, Shimla.

8.1. According to him, on 16^th November, 2024, at about 05.40 p.m., there were about 50-60 men and women in the temple premises and Aarti was being performed. At that time, Swami Rupanand was giving sermons. Thereafter, Swami Tanmahimanand had also given sermons. When the persons present there did not come out of the temple, after the sermons were over, then, Swami Rupanand requested the police to request the people present there to go out of the temple premises, but, no heed was paid by the said persons. They put the religious kalash there. Their act was opposed by Swami Tanmahimanand, however, no heed was paid to his request by the persons present there. The said persons started establishing the kalash. They sat on both the doors and did not permit anyone to come inside. In this regard, the matter was also reported to Police Station West, through telephone, upon which, police and SDM reached at the spot.

8.2. It has been mentioned in the complaint that efforts were made by the SDM and the police authorities to make them understand and to maintain law and order situation, as, the Court had ordered to be maintain status quo there. But, the persons present there had started reciting ‘Om’, whereas, the followers of Ramkrishan Mission had started raising slogans and warned the authorities to take the persons present there out of the premises, otherwise, they will shunt them out.

8.3. It has been mentioned in the complaint that one woman devotee of Ramkrishan Mission had thrown a chair on the ladie