Personal liberty is a fundamental right that should only be curtailed when necessary, and bail should be granted with conditions ensuring the accused's attendance at trial.

JUDGMENT :

(Bipin Chander Negi, J.)

The present bail petition has been filed under Section483 of the BNSS for grant of bail, in FIR No.8 of 2025, dated 07.01.2025, registered at Police Station, Nalagarh District Solan, H.P., under Sections 64, 62 140(3) of the BNS, 2023.

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

3. The alleged incident is dated 07.01.2025. The bail petitioner and the victim both work at the same place. The duty of the victim on 07.01.2025 came to an end at 10.00. P.M. At 10.00 P.M. General Manager/bail petitioner offered to drop the victim to her residence. On previous occasions also after finishing with her daily duty, the victim had been dropped at her residence by the bail petitioner.

4. On 07.01.2025 i.e. the date of occurrence, the bail petitioner was in an inebriated state. Rather than dropping the victim to her residence, he took a detour. The victim requested the bail petitioner to drop her at her residence, however, the bail petitioner was adamant that the victim should consume liquor with him. A per the version of the victim, the bail petitioner attempted to commit forcible sexual intercourse with the victim.

5. The bail petitioner indecently touched the victim. After having misbehaved with the victim, the bail petitioner had dropped the victim at her residence. While dropping her, the bail petitioner had meted out threats with respect to her job.

6. The petitioner in the case at hand was arrested on 22.1.2025. As on date, he is in judicial lock up. Investigation in the case at hand is complete. Challan Stands filed. As per the status report, no further investigation is required to be done in the case at hand.

7. Whether an alleged indecent assault as done in the case at hand amounts to an attempt to commit rape is to be determined at trial. At this stage, it would not be appropriate for the Court to comment on the evidence collected by the prosecution. As any observation made at this stage would cause grave prejudice to either side.

8. 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.

9. 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.

10. 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 and Post Office Tunsu, Tehsil Ramshehar, District Solan H.P. In order to ensure his presence at trial stringent condition can be imposed while granting bail.

11. 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.

12. 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.8 of 2025, dated 07.01.2025, registered at Police Station Nalagarh Districct Solan H.P. under Sections 64, 62, 140(3) of the 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 ord