Personal liberty is a fundamental right, and bail serves to secure attendance at trial, not as a punitive measure.

JUDGMENT :

Bipin Chander Negi, J.

All these bail petitions arise out of the same FIR, therefore, they are taken up together for consideration.

2. By way of instant petitions, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners are seeking bail in case FIR No.87 of 2024 dated 10.09.2024, registered at Police Station, Manpura, District Solan, Himachal Pradesh, under Sections 126(2), 115(2),117(2), 3(5) and 109 of the Bharatiya Nyay Sanhita, 2023.

3. I have heard learned counsel for the parties and have gone through the record.

4. The brief facts giving rise to the present petitions are that the incident, in the case at hand, took place in the night of 10.09.2024 at about 12:20 a.m. The complaint, in the case at hand, was lodged by one Dev Raj, the cousin brother of the victim, i.e., Bhupinder Singh. Bhupinder Singh had been beaten up near Petrol Pump, Bagbanian by the present bail petitioners. As per the prosecution, about eight months prior to the incident, in the case at hand, present victim, i.e., Bhupinder Singh along with his friends had beaten up a friend/associate of the present bail petitioners and as a consequence of the prior incident, there existed an animosity between the present victim and the present bail petitioners.

5. Previously, the present bail petitioners have preferred anticipatory bail applications before the learned Additional Sessions Judge, Nalagarh on 13.11.2024. The petitioners had not joined the investigation. Thereafter, vide order dated 28.11.2024, the anticipatory bails so filed by the present bail petitioners had been rejected. It is thereafter that the petitioners have preferred the present petitions before this Court.

6. The matter was listed before this Court on 30.11.2024, when after issuing notice, status report was called for. The same was placed on record on 02.12.2024. On perusal of the same, the petitioners were granted interim bail on 02.12.2024. In pursuance to the aforesaid order, the petitioners have joined investigation. Recoveries have been instituted from them.

7. Learned Additional Advocate General submits that investigation, insofar as present petitioners are concerned, is complete. No recoveries are to be instituted from the present bail petitioners. The custodial interrogation of the present bail petitioners is not required, in the case at hand. From the status report, it is also evident that the petitioners do not have any criminal antecedents. According to learned Additional Advocate General, the fourth accused, namely Jagga, resident of Punjab is absconding.

7. At the stage of bail, detailed analysis of evidence has to be avoided and commenting on the same would prejudice the case either of the parties at trial. Guilt is to be ascertained at trial.

8. 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.

9. 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.

10. 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.

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

12. The petitioners, namely Raj Kumar, Agya Ram and Desh Raj are permanent residents of Village Makhnu Majra, Post Office Karuna, Tehsil Baddi, District Solan, Village and Post Office, Thana, Tehsil Baddi, District Solan and Village and Post Office, Thana, Teh