The presumption of innocence prevails, and prior convictions do not negate eligibility for anticipatory bail; proper considerations include investigation status and the necessity of custodial interrogation.

JUDGMENT :

Virender Singh, J.

1. Apprehending his arrest, in Case FIR No. 192 of2024 dated 14.12.2024 (hereinafter referred to as the ‘FIR in question’), registered under Sections 118 (1) and 118(2) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as the ‘ BNS ’), with Police Station Indora, District Kangra, H.P., the applicant has filed the present application, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘ BNS S’).

2. By way of the present application, the applicant has sought the indulgence of this Court to direct the I.O/police of Police Station Indora, to release him, on bail, in the event of his arrest, in the above-mentioned case/FIR.

3. According to the applicant, he is innocent person and has falsely been implicated by the police, in the present case.

4. Applicant had earlier tried his luck by moving similar application, before the Court of learned Additional Sessions Judge, Nurpur, District Kangra, H.P., however, his application was dismissed, vide order dated27.12.2024.

5. On the basis of above facts, certain undertakings have been given, on behalf of applicant, for which, the applicant is ready to abide by, in case, any direction is issued to the police/I.O., in this case.

6. When, put to notice, the police has filed the status report disclosing therein, that on 13.12.2024, HC Rupesh Kumar No.15, along with other police officials, had reached at Bridge near Arni University, in order to verify the facts regarding report No.41, Diary dated 13.12.2024.On the spot, a Fortuner car was found. However, the said vehicle was not having any registration number plate over it. At that time, HC Prem Chand No.6 has informed the IO that a person, namely Sukhwinder Singh S/o Sikander R/o Mand Sanour, has been brought in an injured condition, to Civil Hospital, Indora. The said person sustained injuries in a scuffle at Arni Unversity Bridge, upon which, MLC No.795/24 was obtained and Medical Officer has opined that the kind of weapon, used in the incident, is sharp. Thereafter, it was found that injured Sukhwinder Singh was taken to Raj Hospital, Pathankot for treatment, upon which, IO reached the said hospital, where, the doctor declared injured Sukhwinder Singh unfit for making the statement.

7. It is the case of the police that thereafter, one Jagmohan, who took the injured to Hospital, made a statement, under Section 173 of BNSS , to police, disclosing therein that he is the Pradhan of Gram Panchayat Kathgarh. The campus of Arni University is in his village. At about 11:00 pm, when, he was on his way to his house, in his vehicle, then, near bridge, he heard the noise of commotion and a number of persons were also gathered there, upon which, he has also reached at the spot. He noticed that one Fortuner vehicle has been found there and the said vehicle met with an accident and one Sukhwinder Singh S/o Sikander was found injured there. Blood was oozing out from his head. On enquiry, he has disclosed that some unknown person has inflicted blow on his person. Consequently, he has sustained injuries, upon which, the complainant took Sukhwinder Singh to Civil Hospital, Indora, from where, he was taken to Raj Hospital, Pathankot.

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

9. It is the further case of the police that on 14.12.2024, statement of Jasbir Singh @ Titu S/o Joginder Singh, under Section 180 of BNSS , was recorded. The