The presumption of innocence prevails in bail decisions, requiring protection from pre-trial detention unless conviction or severe risk of flight is clear.

JUDGMENT :

Virender Singh, J.

1. Applicant-Anita Kumari, has filed the present application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘ BNS S ’), with a prayer to direct the Police/Investigating Officer of Police Station Balh, District Mandi, H.P., to release her on bail, in the event of her arrest, in case FIR No.251 of 2024, dated 16.12.2024, registered, under Sections 318 (4) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as ‘ BNS ’).

2. According to the applicant, she is elected Pradhan of Gram Panchayat, Soyara and she has falsely been implicated, in the present case, at the instance of the complainant.

3. As per the applicant, she belongs to a respectable family and is having deep roots in the society.

4. According to the applicant, she is innocent and has falsely been implicated in the present case.

5. On the basis of the above facts, Mr. R.L. Chaudhary, Advocate, has given certain undertakings on behalf of the applicant, for which, the applicant is ready to abide by, 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, a prayer has been made to allow the application.

7. When put to notice, the police has filed the status report, disclosing therein, that on 16.12.2024, one Padma Devi-complainant had moved a complaint, mentioning therein that she is resident of the address, as mentioned, in the complaint. Her Panchayat is Sayora and Pradhan of said Panchayat Anita Devi (applicant).

7.1. According to the complainant, for the last so many years, whatsoever amount has been allocated, for executing the work, the applicant used to fill name of the persons residents of the different Tehsil by forging their attendance and thereafter, she herself put their signatures.

7.2. The applicant has allegedly committed forgery of about 60-70 lac and constructed two storeyed building. In the Muster Rolls bearing Nos.75601, for the period 1.3.2023 to 31.3.2023, 75602, for the period 12.04.2023 to 30.04.2023, 75605, for the period 1.5.2023 to 31.5.2023, 75607, for the period 1.6.2023 to 30.06.2023, 75612, for the period 12.09.2023 to 30.09.2023 and 75616, for the period 1.10.2023 to 31.10.2023, she has got entered the presence of Vijay Kumar, Anurag Thakur, Sunita Thakur andn Sagro Devi, all residents of House No.119/A Ward No.04 Bhojpur, Post Office Bhojpur, Tehsil Sundernagar, District Mandi. These entries were forged and after putting the forged signatures, over the muster rolls, the said account has been misused and embezzled.

7.3. In order to substantiate, the allegations, the applicant has further alleged that location of the mobile phone numbers of Vijay Kumar and Anurag is to be obtained for the period when they had allegedly worked, as per the muster rolls, as all the above persons are residents of Sundernagar Market and their attendance was forged in the record. All the entries were made by Pradhan Anita Kumari (applicant).

7.4. As per those muster Rolls, Vijay Kumar and Anurag have been shown to be Mason, whereas, Vijay Kumar and Anurag are having Fortuner and Thar vehicles.Apart from the above, they are also having other cars.

7.5. All these facts have been pleaded to show that both of them are from the well to do families.

8. On the basis of the above facts, the police registered the FIR, in question, and the police machinery swung into motion.

9. After perusing the said status report, on 19.12.2024, interim protection was granted to the applicant with a direction to join the investigation and the matter was adjourned for 26.12.2024.

10. On 26.12.2024, the police has filed supplementary status report, mentioning therein that muster rolls, as mentioned i