A suspect may be granted bail if there is no substantial evidence of guilt or risks associated with evidence tampering; pre-trial detention is prohibited without significant justification.

Virender Singh, J.

Applicant Prakash Kumar has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) for releasing him, on bail, during the pendency of the trial, arising out of FIR No. 207 of 2024, dated 25.8.2024, registered under Sections 103, 127 (2), 125(B), 61(2), 3(5) of the Bharatiya Nyaya Sanhita, (hereinafter referred to as the ‘BNS’ Act), with Police Station, Baddi, District Solan, H.P.

2. The applicant has pleaded the fact that he is innocent person and has falsely been implicated, in the present case, as he has no concern, whatsoever, with the offences, for which, he has been arrested, by the police, in this case.

3. According to the applicant, he is a young man of 27 years and having no criminal history. He has further pleaded that vague allegations have been levelled against him, which have been described as false, baseless and concocted one. He was arrested on 14.9.2024 and from that day, he is in judicial custody.

4. Investigation, in the present case, is stated to be completed, and nothing is to be recovered from him, or at his instance. All these facts have been pleaded to show that custodial interrogation of the applicant is no longer required by the police and no useful purpose would be served by keeping him in judicial custody.

5. According to the applicant, no Test Identification Parade of the applicant was got conducted. By highlighting this fact, applicant has demonstrated that he is not involved in the present case.
6. The applicant has tried his luck by moving similar application, before the Court of learned Additional Sessions Judge, Nalagarh, District Solan, H.P. However, the same has been dismissed, vide order dated 1.11.2025.

7. Learned counsel for the applicant has prayed for the relief of bail on the ground of parity also, as his co-accused Yog Raj has been released on bail, by this Court, on 7.7.2025.

8. The applicant, through his counsel, has undertaken to abide by the terms and conditions, to be imposed by this Court, in case, he is ordered to be released on bail, during the pendency of the trial.

9. On these submissions, a prayer has been made to allow the bail application.

10. When put to notice, the police has filed the status report, disclosing therein, that on 25.8.2024, HC Amarjeet Singh, I.O., Police Station, Baddi, telephonically informed the Police that at a place known as ‘Sandoli Khawadiyan’, on the road, one person is lying in injured condition, and one person is lying unconscious. Both these persons were stated to be taken for treatment to CHC, Baddi, upon which, Inspector/SHO, alongwith other police officials reached at Sandoli Khawadiyan, in order to verify the facts.

10.1 When, they reached at CHC, Baddi, two persons were found injured, who were brought for treatment. The Doctor declared injured Lakshmi Kant as fit to make statement. Thereafter, Lakshmi Kant was referred to PGIMER, Chandigarh, for treatment, whereas, Rahul was declared dead.

10.2 At CHC, Baddi, statement of Lakshmi Kant was got recorded, under Section 173 of BNSS, disclosing therein that he is resident of the address, mentioned in the complaint. He alongwith, two other persons were stated to be residing in a rented accommodation at Panchkula. Rahul was stated to be the close friend of complainant.

10.3 The complainant has further got recorded in his statement that on 25.8.2024, he, alongwith his friends, have reached Baddi at about 3:30 p.m. After reaching there, Rahul, alongwith two other persons, went to bring Ganja (charas), upon which, complainant objected that they came from outside and they should spen