The presumption of innocence is fundamental in criminal jurisprudence, guiding the decision to grant bail, which should be the general rule, ensuring defendants are not unnecessarily detained during trial.

Bail petitioner namely Devinder Kumar, who is behind bars since 02.02.2026, has approached this Court in the instant proceedings filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita (hereinafter ‘BNSS’) for grant of regular bail in case FIR No.286 of 2025, dated 29.11.2025, under Sections 143, 146, 61(2), 111(2) (B), 318 of of Bharatiya Nyaya Sanhita (hereinafter ‘BNS’) and Section 24 of the Emigration Act, registered at Police Station Sadar, Chamba, District Chamba, H.P.

2. Respondent-State has filed status report and ASI Arjun Singh has come present with record. Record perused and returned.

3. Close scrutiny of record/status report reveals that on 29.11.2025, complainant Mr. Aman lodged a complaint at Police Station detailed herein above, alleging therein that bail-petitioner Devinder Kumar @ Dishu in connivance with co-accused Gagan Kumar @ Yashu defrauded him. He alleged that above named persons made him to deposit approximately Rs.80,000/- for providing job in Thailand. He alleged that though above named persons sent him to Thailand, but thereafter he was taken to an unknown destination by the persons with whom he was instructed to meet by the bail petitioner. He alleged that after his arrival in Thailand, the individuals, who received him, took him to an unknown location and compelled him to engage in illegal activities. He alleged that he was made to understand that he will be provided job in call center, but he was compelled to make unauthorized calls to individuals in the USA aged between 40 and 70 years. He alleged that with great difficulty, he was able to escape. In nutshell, complainant alleged that bail-petitioner Devinder Kumar, who had come in his contact through his brother Ashwani, who at relevant time was studying in DIIHM Institute, Sultanpur, Chamba, introduced him to his elder brother Gagan Kumar, who asked him to deposit money through WhatsApp. He alleged that though bail-petitioner deposited/paid more than Rs.80,000/-, but yet he was neither provided any job in Thailand nor money was returned to him. In the afore background, FIR, as detailed hereinabove, came to be lodged against the bail-petitioner as well as co-accused Gagan @ Yashu and he is behind bars since 02.02.2026. Since investigation in the case at hand is complete and nothing remains to be recovered from the bail- petitioner, he has approached this Court in the instant proceedings for grant of regular bail.

4. While fairly acknowledging factum with regard to completion of investigation, Mr. Rajan Kahol, learned Additional Advocate General, states that though nothing remains to be recovered from the bail-petitioner, but keeping in view the gravity of offence alleged to have been committed by him, he does not deserve any leniency, rather needs to be dealt with severely. Mr. Kahol, states that there is overwhelming evidence adduced on record suggestive of the fact that firstly, bail-petitioner made complainant to shell out sum of Rs.80,000/- for sending him to Thailand and thereafter, he further sold him to some unknown for sum of Rs.5,00,000/-. Mr. Kahol, states that unknown persons in Thailand and Myanmar compelled the complainant to do illegal work, as a result thereof, he had to undergo mental trauma and physical torture. He states that petitioner was unauthorizedly sent to Myanmar through “donkey route” and lateron, he was rescued by Government of India. He states that since there is overwhelming evidence that bail-petitioner in connivance with co- accused Gagan Kumar unauthorizedly sold complainant to persons in Thailand, he does not deserve any leniency, rather needs to be dealt with severely. He states in the event